Madras High CourtCRL RC/697/2017allowed

Jacob,M/35 Years v. The State Rep.By

2017-05-24Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2017

CORAM

THE HONOURABLE DR.JUSTICE.S.VIMALA Crl. R.C.No. 697 of 2017 Jacob ..Petitioner/Accused Vs State by Inspector of Police, M.2, M.M. Colony Police Station, Chennai.

Crime No. 762 of 2015.

..Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in respect of C.M.P. No.2296 of 2017 in C.C.No.196 of 2015 on the file of Judicial Magistrate, Thiruvottiyur to satisfy itself as to the proprietary of the impugned order dated 10.05.2017 and set aside the same. For Petitioner :

Mr. D.Saikumaran For Respondent :

Mr.M.Mohamed Riyaz Govt. Advocate, ( Crl. Side)

O R D E R

The order passed by the learned Judicial Magistrate, Thiruvottiyur, in C.M.P. No.2296 of 2017 in C.C.No.196 of 2015, declining the permission to the petitioner to go abroad is under challenge in this revision petition.

2. The learned counsel appearing for the petitioner would submit that the petitioner is ready to obey any of the conditions and to appear before the trial Court to proceed with the trial. But, the trial court did not issue any summons, asking the petitioner to appear before the Court.

3. The learned Government Advocate (Crl. Side) would submit that charge sheet has already been filed and any time, summons will be issued.

4. The learned counsel appearing for the petitioner also expressed his willingness to settle the matter and towards https://hcservices.ecourts.gov.in/hcservices/

showing that there is a bona fide intention in settling the matter, the petitioner is ready to deposit a sum of Rs.25,000/- to the credit of C.C.No.196 of 2015 on the file of the learned Judicial Magistrate at Thiruvottiyur.

5. Considering the representations made on both sides, the order passed by the learned Judicial Magistrate, Thiruvottiyur, in C.M.P.No.2296 of 2017 in C.C.No.196 of 2015, declining the permission to the petitioner to go abroad is set aside and the permission is granted to the petitioner to Singapore and Malaysia for a period of Fifteen days, subject to the condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupee twenty five thousand only) to the credit of C.C.No.196 of 2016 on the file of the learned Judicial Magistrate, Thiruvottiyur, within a period of one week from the date of receipt of copy of this order.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksa/ogy To

1. The learned Judicial Magistrate, Thiruvottiyur.

2. The Inspector of Police, M.2, M.M. Colony Police Station, Chennai.

+1cc to Mr.D.Saikumaran, Advocate, S.R.No.37987 Crl.R.C.No. 697 of 2017 SV(CO) RS(26/05/2017) https://hcservices.ecourts.gov.in/hcservices/