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Madras High CourtCRL MP/4959/2024ordered

N.P.Manikandan v. State Rep By

2024-03-20Honourable Mr Justice A.D.Jagadish Chandira4 pages

Crl.MP.No.4959 of 2024 in Crl.A.No.157 of 2015 A.D.JAGADISH CHANDIRA, J., The Criminal Miscellaneous Petition has been filed seeking to grant permission to the petitioner to renew his passport bearing No.V1757266 for a period of two years.

2. Learned Counsel for the petitioner submitted 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 Prevention of Corruption Act and sentenced to undergo 4 years Rigorous Imprisonment and to pay a fine of Rs.50,000/-, in default to undergo simple imprisonment for 6 months. He further submitted that when the appeal is pending, this Court had granted suspension of sentence by order dated 27.03.2015. He also submitted that the petitioner has been issued with the passport by the Regional Passport Office, Bangalore and for renewal of the passport, 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 and on earlier occasions, this Court had graciously granted permission to renew the passport for a limited period.

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3. He further submitted that on the last occasion, the petitioner had approached this Court in Crl.M.P.No.2602 of 2021 for renewal of his passport bearing No.T6517188 and this Court, vide order dated 03.03.2021, was pleased to permit the petitioner to renew the passport for a period of two years. He also submitted that his passport bearing No.V1757266 got expired on 24.08.2023 and now the petitioner needs to travel abroad to visit her daughter, who is working in United Kingdom, thereby, the passport needs to be renewed. Hence, he has approached this Court seeking permission to renew his passport.

4. Learned Special Public Prosecutor for CBI submitted that though he has no objection for renewing the passport, it could be for a limited period of one year. He further submitted 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.

5. At this juncture, the learned Counsel for the petitioner submitted 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 2/4

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.

6. Taking into consideration the above facts and submissions, this Court is inclined to permit the petitioner to renew his passport bearing No.V1757266 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.

7. Accordingly, this Criminal Miscellaneous Petition stands ordered. 20.03.2024 ham 3/4

A.D.JAGADISH CHANDIRA, J., ham Crl.MP.No.4959 of 2024 in Crl.A.No.157 of 2015 20.03.2024 4/4