P.Veera Viswamithran v. The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 12968 OF 2025 P.Veera Viswamithran Petitioner(s) Vs The Station House Officer, Muthandikuppam Police Station, Crime No.219 of 2023.

Respondent(S) PRAYER This petition is filed seeking modification of the bail condition imposed by the learned Principal District and Sessions Court, Cuddalore while granting anticipatory bail to the petitioner on 09.10.2023 in Crl.M.P.No.7232 of 2023. For Petitioner(s):

Mr.P.Hari Krishnan For Respondent(s):

M/s.C. Baskaran GA (crl. Side)

ORDER

This petition is filed seeking modification of the bail condition imposed by the learned Principal District and Sessions Court, Cuddalore while granting anticipatory bail to the petitioner on 09.10.2023 in Crl.M.P.No.7232 of 2023.

2. The petitioner/A1 in Crime No.219 of 2023 had obtained anticipatory bail before the Trial Court along with five others in Crl.M.P.No.7273 of 2023. The Trial Court by order dated 09.10.2023 granted anticipatory bail to the petitioner with the following conditions.

3.The petitioner/accused are ordered to be enlarged on bail in the event of arrest or on their surrender on or before 25.10.2023 before the Learned Judicial Magistrate No.I, Panruti with certain conditions.

4. The contention of the petitioner is that there is a civil dispute with regard to partition of property between the defacto complainant and petitioner, which has been given a criminal colour and O.S.No.181 of 2010 is pending on the file of the learned Additional District Judge, Cuddalore against which appeal suit in A.S.No.77/2011 and A.S.No.78/2011 has been filed and the same was dismissed. Aggrieved by the dismissal, Second Appeal was filed and the same was also dismissed. Thus the entire case stems out of the civil dispute. The petitioner is a cashew exporter and he visit foreign countries for his business

purposes. Due to the above conditions, the petitioner was unable to travel foreign countries. He further submits that the petitioner had approached this court to quash the FIR.219 of 2023 in Crl.O.P.No.14090 of 2025 and sought stay of investigation of proceedings in FIR. This Court, in Crl.M.P.No.9515 of 2025. by order dated 30.04.2025 had admitted the quash application and granted stay of proceedings in Crime No.219 of 2023. Hence, in view of the above, seeks modification of the condition restraining the petitioner not to leave India without prior permission of the Court.

5. In view of the submissions made by both the learned counsels and subsequent developments, this Court finds the conditions "The petitioners/accused shall not leave India without the previous permission of the Court" is no more required. Hence, the petitioner is free to take abroad travel and leave India without prior permission of the Court. The only requirement is that the petitioner to file a memo before the learned Judicial Magistrate No.1, Panruti informing travel itinerary, day of departure, arrival, place of stay in foreign countries and contact details. He shall also inform the respondent police whenever, he intends to travel abroad.

6. Accordingly, this Criminal Original Petition is ordered. 25-07-2025 Jai To

1. The Station House Officer, Muthandikuppam Police Station,

2. The Principal District and Sessions Court, Cuddalore

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP NO.12968 OF 04-07-2025