S.Sivaraj, Aged 52 Years, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.17286 of 2018 S.Sivaraj .. Petitioner Vs The Inspector of Police, CCB, Team-I, Vepery, Chennai-7.

[Cr.No.9/2015] .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent Police to take necessary steps to sent appropriate proceedings to the Regional Passport Office, Chennai requesting to impound the passport of the accused persons in C.C.No.2313 of 2017 on the file of the Chennai Metropolitan CCB & CBCID Judicial Magistrate Court, Egmore [Allikulam Campus] Chennai-03.

For Petitioner : Mr.A.Saravanan For Respondent: Mr.C.Raghavan, Govt. Advocate

O R D E R

This petition has been filed to direct the respondent Police to take necessary steps to sent appropriate proceedings to the Regional Passport Office, Chennai requesting to impound the passport of the accused persons in C.C.No.2313 of 2017 on the file of the Chennai Metropolitan CCB & CBCID Judicial Magistrate Court, Egmore [Allikulam Campus] Chennai-03.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials placed on record.

3.The petitioner is the de facto complainant in C.C.No.2313 of 2017 in Crime No.9 of 2015. The accused in this case namely, Dr.Udayan Felix and Manoharan were arrested and released on bail, during investigation. Now, it is the apprehension of the https://hcservices.ecourts.gov.in/hcservices/

de facto complainant that the accused may not appear before the trial Court and therefore, a direction should be given to impound their passports.

4.Today, Mr.S.G.Linus, SSI 14600, CCB, Chennai is present before this Court.

5.On instructions, learned Government Advocate submitted that summons in C.C.No.2313 of 2017 has not yet been served on the accused. He further submitted that the next hearing before the trial Court is on 17.09.2018. The Police are also not aware of the passport details of the accused.

6.In such view of the matter, this Court directs the respondent Police to collect the passport details of the accused and submit the same to the trial Court. Hereafter, if there is any attempt by the accused to flee away from India, it is open to the de facto complainant or Police to move the trial Court for securing the presence of the accused.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gya To 1.Chennai Metropolitan CCB & CBCID Judicial Magistrate Court, Egmore, Chennai.

2.The Inspector of Police, CCB, Team-I, Vepery, Chennai-7.

3.The Public Prosecutor, High Court, Madras.

+3cc to Mr.A.Saravanan, Advocate sr.no.43852 CRL.OP.No.17286 of 2018 ssi(co) nr 19/07/2018 https://hcservices.ecourts.gov.in/hcservices/