Mohammed Rafi v. The State Rep By Its, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.5247of 2025 in Crl.O.P.No.22910 of 2024 Mohammed Rafi

...Petitioner/A2

Vs.

The State Rep.by The Inspector of Police (law and order), R-9, Valasaravakkam Police Station, Chennai.

...Respondent

PRAYER: This criminal miscellaneous petition has been filed under Section 528 of BNSS Act, to permit the petitioner to herein to leave India from 05.04.2025 to 30.05.2025 to travel U.S.A to perform concert in Crl.O.P.No.22910 of 2024 dated 20.09.2024.

For Petitioner(s) :

Mr.S.R.Shenbaga Baabu For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This petition is filed to permit the petitioner to leave India to perform a concert at U.S.A., from 05.04.2025 to 30.05.2025, since one of the condition imposed on the petitioner that he shall not leave India without the prior permission of the Court in Crl.O.P.No.22910 of 2024 dated 20.09.2024.

2.

The learned counsel for the petitioner submitted that this Court vide order dated 29.10.2024 modified the above said condition and permitted the petitioner to travel abroad subject to the following condition: "4. Considering the representations made by either side and considering the nature of offences and the petitioner also already fixed the programme even prior to the date of registration of FIR to go abroad and the petitioner also complied with the conditions for the past 20 days, this Court is inclined to modify the aforesaid condition to the effect that the petitioners shall appear before the respondent police after returning from abroad and the petitioners are permitted to leave India from today, i.e., 29.10.2024 to 06.12.2024 and thereafter, the petitioners have to appear before the respondent police from 07.12.2024 to 15.12.2024 for the remaining period." 3.

Heard both sides.

4.

This Court is of the view that the petitioner shall be permitted to leave India subject to the following condition:

"The petitioner is permitted to leave India from 05.04.2025 to 30.05.2025 on furnishing the details of his address of stay in the foreign country and his contact number before the trail Court before leaving the Country. On return, the petitioner shall appear before the respondent police from 31.05.2025 to 08.06.2024." 5.

Accordingly, the criminal miscellaneous petition is ordered. 24.03.2025 vca Note:Issue order copy on 25.03.2025.

SUNDER MOHAN, J.

vca To:

1.

The The Inspector of Police (law and order) R-9, Valasaravakkam Police Sttion, Chennai District.

2.

The Public Prosecutor High Court of Madras, Chennai.

Crl.M.P.No.5247of 2025 in Crl.O.P.No.22910 of 2024 24.03.2025