K.Manogaran v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No.27012 of 2019 1.K.Manogaran 2.Rajalakshmi ... Petitioners Vs.

The State Rep. by the Inspector of Police All Women Police Station, Vellore District. ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to permit the petitioners to travel in U.S.A Country for the purpose of Blood Cancer treatment for the period of 6 months and consider the petitioner's representation letter dated 30.09.2019.

For Petitioner : Mr.R.Muniyapparaj For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the respondent police to permit the petitioner to travel in U.S.A Country for the purpose of Blood Cancer treatment for a period of 6 months and consider the petitioner's representation letter dated 30.09.2019.

2. On the ground that the 2nd petitioner herein, requires treatment for B-cell acute lymphoblastic leukemia in the United States of America, the present Criminal Original Petition is filed seeking for a direction to the respondent to permit the petitioners to travel to U.S.A for a period of six months. The respondent herein have registered a FIR against the petitioners herein, in Crime No.10 of 2019 for the offences under Section 498(A) and 506(i) of IPC, based on the complaint of their daughter-in-law.

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3. It is also brought to the notice of this Court that no Look Out Circular has been issued and as such there is no impediment for issuing travel permits by the passport or the immigration authorities to the petitioners, to travel out of the country.

4. Nevertheless, since the investigation is pending against these petitioners herein, it would be appropriate to impose certain reasonable restrictions while the petitioners leave the country.

5. In the light of the above observation, the petitioners are granted liberty to travel out of the country on condition to execute a sworn-in-affidavit before the respondent police, thereby undertaking to appear before the Investigating Officer for the purpose of enquiry immediately after the period of three months. The petitioners shall also furnish the details of their stay and contact numbers including their e-mail id's to the Investigating Officer. The permission to leave the country shall be restricted for a period of three months from the date of receipt of a copy of this order.

6. With the above observation, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police All Women Police Station, Vellore District.

2. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to M/s.R.Muniyapparaj, Advocate Sr.86849 Crl.O.P.No.27012 of 2019 cp[co] srg 18/10/2019 https://hcservices.ecourts.gov.in/hcservices/