Prabhu T v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR T.Prabhu

...Petitioner

Vs.

The Inspector of Police, Economic Offence Wing, Special Investigation Team, Ashok Nagar, Chennai - 600 083.

Crime No.234 of 2023

...Respondent

PRAYER: This criminal miscellaneous petition has been filed under Section 528 of BNS Act, to permit the petitioner herein to travel to Malaysia on 27.07.2025 and return back to India on 25.08.2025 in Crl.O.P.21638 of 2024.

For Petitioner(s) : Mr.M.Vinodhini Mathelene For Respondent(s) : Mr.C.Baskaran Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This petition has been filed seeking to permit the petitioner herein to travel to Malaysia on 27.07.2025 and return to India on 25.08.2025 in Crl.O.P.No.21638 of 2024.

2. On an earlier occasion, this Court vide order dated 12.09.2024 has already granted anticipatory bail to the petitioner in Crl.O.P.No.21638 of 2024, subject to certain conditions. One of the conditions is that, the petitioner shall not leave India without the prior permission of this Court. However, the petitioner's son has joined Bachelor of Business and Commerce at Monash University at Malaysia. Moreso, the petitioner's son applied for course transfer from the Monash University Malaysia to Monash University Peninsula and the application has been accepted by the University as well. Seeking to permit the petitioner to visit Malaysia for a period of 30 days commencing from 27.07.2025 till 25.08.2025 to complete the admission process of the petitioner's son the present petition has been filed.

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3. The learned counsel for the petitioner submits that the petitioner has already deposited the title deeds of his property worth Rs.1.3 Crores as security. Owing to his strong social ties, there is no likelihood of the petitioner fleeing from justice. He further submitted that the petitioner has instructed me to proceed with the trial and will not dispute his identity. He further states that the petitioner is also ready give all the details with regard to his departure, arrival, his place of residence at Malaysia and also his contact details to the trial Court as well as the respondent Police.

4. The learned Government Advocate (Crl.Side) submits that the petitioner is A3, A1 and A2 were already arrested and granted bail. The investigation is also completed and charge sheet has also been filed in C.C.No.243 of 2025 and the trial is pending before the Chief Metropolitan Magistrate Court Egmore. The only apprehension is that, the trial proceedings is posted on 06.08.2025 and if the present petition is allowed, it would stall the proceedings of trial. Hence, he vehemently opposed for the order being passed.

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5. Considering the facts and circumstances of the case this Court directs the petitioner is permitted to travel to Malaysia on 27.07.2025 and return to India on 25.08.2025 after giving all the necessary details including the date of departure and arrival, place of stay, contact details to the respondent Police and the learned Magistrate as well, an affidavit undertaking that the petitioner will not dispute his identity in future and will cross examine the witness then and there and also that he will not in any way be a hindrance to the trial proceedings.

6. With the above observation, this criminal miscellaneous petition is disposed of.

21.07.2025 rap To The Inspector of Police, Economic Offence Wing, Page No.4 of 6

Special Investigation Team, Ashok Nagar, Chennai - 600 083.

M.NIRMAL KUMAR, J.

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