G. Raju, S/O. Gurusamy, v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2016

CORAM

THE HONOURABLE DR.JUSTICE P.DEVADASS CRL.R.C.No.290 of 2016 and M.P.No.2013 of 2016 G.Raju ... Revision Petitioner vs.

State by : Inspector of Police, CBI, ACB.

R.C.No.21/A/2009/CBI) ... Respondent Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure to set aside the order passed in C.M.P.No.471 of 2016, dated 05.02.2016 in C.C.No.29 of 2011 on the file of the learned Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai and handover the passport to the petitioner.

For Petitioner : Mr.P.Pazhamalai For Respondent : Mr.K.Srinivasan, Spl. Public Prosecutor for CBI cases

O R D E R

Petitioner seeks interim custody of his passport.

2. Petitioner/A3, sought for temporary custody of his passport under section 451 Cr.P.C. in Cr.M.P.No.471 of 2016. It was dismissed by the Trial Court, since the trial is going on and he may abscond. As against that he has directed this Criminal Revision.

3. He is being prosecuted before the Trial Court in C.C.No.29 of 2011. While he sought for bail, inter alia, among other conditions, the Court has directed him to surrender his passport. Accordingly, he did it.

4. Now, 49 witnesses have been examined. About 59 witnesses are yet to be examined. The accused have to be examined under section 313 Cr.P.C. Opportunity for defence

evidence has to be given. Thereafter both sides have to argue the case and the learned Judge has to consider the voluminous materials on record and deliver judgment. Therefore, the case is not going to over by tomorrow or day after tomorrow. It will take some time.

5. Petitioner seeks return of his passport to renew it and to participate in the graduation ceremony of his daughter-in-law.

6. It must be seen that the request has been made on humanitarian ground. In such circumstances, if he has a genuine cause to go abroad and further, if he is able to show that he has roots in the society, the Court can consider his request imposing certain conditions.

7. His good daughter-in-law invites him to U.S.A. to see her receiving the degree. We are concerned that his daughter-in-law should send him back to Chennai. His past conduct is good. Earlier he has obtained the passport. Duly returned it. He is having permanent residence in Chennai. His family is in Chennai. He has Family Card.

8. Ordered as under :

(1) This Revision is allowed.

(2) The impugned order of the learned Principal Special Judge (CBI Cases), Chennai passed in Crl.M.P.No.471 of 2016, dated 05.02.2016 in C.C.No.29 of 2011 is set aside.

(3) The Trial Court will give interim custody of his passport to the petitioner.

(4) There shall be two sureties, they and the petitioner shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the said Judge.

(5) Petitioner shall file an undertaking affidavit before the said Court that he will surrender his passport to the Court on or before 01.07.2016.

(6) Consequently the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar

vrc To,

1. The Principal Special Judge for CBI Cases/ VIII Additional City Civil Court, Chennai.

2. The Special Public Prosecutor (CBI Cases), High Court, Madras.

3. Inspector of Police, CBI/ ACB/ Chennai.

+ 1 cc to Mr.P.Pazhamalai, Advocate Sr 13085 (3/3/16) Crl.R.C.No.290 of 2016 ak co kra 02.03.2016