N.P.Manikandan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Third day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.2602 of 2021 in CRL.A.No.157 OF 2015 N.P.MANIKANDAN [ PETITIONER ] Vs STATE BY [ RESPONDENT ] DEPUTY SUPERINTENDENT OF POLICE SPE/CBI/ACB/CHENNAI Petition praying that in the circumstances stated therein the High Court will be pleased to grant permission to renew the petitioners passport bearing No.T6517188 for a period of Five Years. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. C.P.PALANICHAMY, Advocate for the petitioner and of M/S K.SRINIVASAN, SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent the court made the following order:- The Criminal Miscellaneous Petition has been filed to grant permission to the petitioner to renew his passport bearing No.T6517188 for a period of five years.

2. The learned Counsel for the petitioner would submit that the petitioner was convicted by the learned XIII Additional Sessions Judge for CBI Cases on 20.03.2015 for the offence under Section 12 of P.C. Act and sentenced to undergo 4 years R.I. and to pay a fine of Rs.50,000/- in default to undergo simple imprisonment for 6 months.

He would submit that when the appeal is pending, this Court had granted suspension of sentence by order dated 27.03.2015. He would submit that the petitioner has been issued a passport bearing No.T6517188 issued by the Regional Passport Office, Bangalore, and the said passport was due to expire on 14.07.2013. He would submit that after registration of the case, the petitioner had been continuously approaching the trial Court during the pendency of the trial and after conviction, he has been approaching this Court for renewal of the passport and on earlier occasions, this Court had graciously granted permission to renew the passport for a limited period. Thereafter, the petitioner had approached this Court in Clrl.M.P.No.3700 of 2019 and this Court by order dated 13.03.2019 was pleased to permit the petitioner to renew the passport for a period of one year following which, the passport was renewed till 25.06.2020. He would submit that during Covid pandemic period, the

petitioner did not travel outside and thereby, there was no need for the petitioner to renew the passport at that time. However, he would submit that the petitioner needs to travel abroad and thereby, the passport needs to be renewed. Hence, he has approached this Court seeking permission to renew his passport.

3. The learned Special Public Prosecutor would submit that though he has no objection for renewing the passport, it could be for a limited period of one year. He would further submit that if the petitioner needs to travel abroad, he has to file appropriate petition seeking permission to travel abroad and he should not leave the country without obtaining permission of this Court.

4. At this juncture, the learned Counsel for the petitioner would submit that the petitioner has got strong roots in India. However, he needs to travel to abroad to visit his daughter who is living in United Kingdom and that certain Consulates / Embassies insist that the validity of the passport should be for a longer period i.e. more than one year and thereby, he prays that the period of renewal may be granted for two years and that the petitioner is prepared to abide by any stringent condition that may be imposed by this Court.

5. Taking into consideration the above facts and submissions, this Court is inclined to permit the petitioner to renew his passport bearing No.T6517188 for a period of two years. However, it is made clear that in the event of the petitioner travelling abroad, he has to get prior permission from this Court.

6. Accordingly, this petition stands disposed of. -sd/- 03/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 XIII ADDITIONAL SESSIONS JUDGE FOR CBI CASES, CHENNAI 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.

3 DEPUTY SUPERINTENDENT OF POLICE SPE/CBI/ACB/CHENNAI C.C. to M/S. C.P.PALANICHAMY Advocate on payment of necessary charges SR.2718 Order in CRL MP.2602/2021 in CRL.A.No.157 OF 2015 Date :03/03/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 05/03/2021