Manonmani v. State Rep By

Crl.M.P.No.12867 of 2023 in Crl.A.No.477 of 2017 Dr.G.JAYACHANDRAN,J.

The petitioner herein is the 2nd accused in Spl.C.C.No.11 of 2002, on the file of Special Judge and Chief Judicial Magistrate, Namakkal. 2.

The case of trap laid by the DVAC for receiving illegal gratification. A1 is the Senior Drafting Officer and this petitioner is the Junior Drafting Officer in P.W.D. The trial Court has convicted A1 and acquitted A2, the petitioner herein. The State has preferred appeal against acquittal before this Court in Crl.A.No.477 of 2017.

3.

The petitioner herein to attend her daughter's delivery, which is expected on 23.09.2023, has filed this petition to permit her to visit Bothell, Washington, USA and return back by the end of February 2024. In the affidavit, it is stated that her presence during the delivery of her daughter living Bothell, Washington, USA is inevitable. Hence she intimated the same to the respondent and sought for formal permission, but till date, she has not received any intimation from the respondent. Hence, the present petition. 4.

This Court, after hearing the counsels, finds that this petitioner has 1/3

already been acquitted by the trial Court. The State has preferred appeal against acquittal. There is no legal impediment for her to travel abroad, which is the fundamental right conferred under the constitution. However, she has bonafidely intimated her plan to go abroad to the DVAC, which has launched the prosecution against her. To avoid unexpected complications, since there was no response from DVAC, she has approached this Court, where the appeal against acquittal is pending.

5.

This Court finds that the petitioner, who has roots in India, wants to go abroad to attend her daughter's delivery and take post-natal care. There is no legal impediment for her travel, provided she returns back to India by end of February 2024 and be available when the appeal in taken up for final disposal. 6.

Accordingly, this Criminal Miscellaneous Petition is allowed. 23.08.2023 rpl Note: Issue Order copy on 24.08.2023 Dr.G.JAYACHANDRAN,J.

2/3

rpl Crl.M.P.No.12867 of 2023 in Crl.A.No.477 of 2017 23.08.2023 3/3