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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR in Crl OP No.21638 of 2024 T.Prabhu Petitioner(s) Vs The State Rep By Its, The Inspector Of Police, Economic Offence Wing, Special Investigation Team, Ashok Nagar, Chennai - 600 083 Cr.No.234 Of 2023. Respondent(s) PRAYER To Modify condition imposed by this Hon'ble Court in Crl.OP.No.21638 of 2024 imposing the condition that the petitioner shall not leave India without the previous permission of the court. For Petitioner : Mr.Shanmugavelayutham, Senior Advocate for Mr.M.Balachandar For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Miscellaneous Petition has been filed seeking for modification of the condition imposed by this Court in Crl.O.P. No.21638 of 2024 dated 12.09.2024, in Para No.7(c), which reads as follows: "The petitioner shall not leave India without the previous permission of the Court". 2.The learned counsel for the petitioner submits that the petitioner's son is studying in Malaysia, and due to the condition imposed in Crl.O.P. No.21638 of 2024 dated 12.09.2024, the petitioner is required to approach this Court every time if he intends to visit Malaysia. Thus the learned counsel prays for modification of the said condition to enable the petitioner to visit Malaysia.

3. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police opposes the petition, stating that this is a case of false insurance claim and allowing the petitioner to visit Malaysia wihtout permission of this Court would cause prejudice to the trial.

4. Considering that repeated approach of the petitioner to this Court

seeking permission to travel abroad is time-consuming and noting that the case is pending before the Trial Court in C.C.No.243/2025 on the file of Chief Metropolitan Magistrate Court, Egmore with stage of examination of L.W.1 scheduled on October 16, 2025. It is admitted that, the petitioner is also regularly appearing before the Trial Court, this Court is of the view that it would be appropriate for the petitioner to seek permission from the Trial Court for his foreign travel. The Trial Court, being seized of the matter, is in better position to consider such request of the petitioner. Though it is stated that earlier the petitioner get similar order in Crl.M.P.No.13669 of 2025, and thereafter he went abroad returned to India. I am of the view that, this order also could be considered by the Trial Court. It is made clear that, the trial Court independently consider this request as if the bail order was passed by the trial Court.

5. Hence, if the petitioner intends to travel Malaysia, he can very well file an application before the Trial Court seeking permission to visit Malaysia. Upon receipt of any such application, the Trial Court shall consider the same and dispose of it, taking into account of the earlier orders passed by this Court.

6. Accordingly, this Criminal Miscellaneous Petition is disposed of. 22-09-2025 gbi To 1.The State Rep By Its, The Inspector Of Police, Economic Offence Wing, Special Investigation Team, Ashok Nagar, Chennai - 600 083 Cr.No.234 Of 2023.

2.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL MP No. 16967 of 22-09-2025