M.Muthiahsthapathy v. State Rep. By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2025
CORAM
THE HONOURABLE Mr. JUSTICE K. RAJASEKAR in Crl.O.P.No.28671 of 2017 M.MuthianSthapathy ... Petitioner in both Crl.MPs Vs.
1.State rep. by Inspector of Police, Sivakanchi Police Station, Kancheepuram District.
2.The State rep. by the Deputy Superintendent of Police, Idol Wing, CID, District Armed Reserve Ground, Trichy.
3.Bureau of Immigration, Ministry of Home Affairs, Government of India, Haddows Road, Subbharao Avenue, Chennai-600 034.
... Respondents in both Crl.MPs PRAYER in Crl.MP.No.9331 of 2025 : Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to direct the learned Judicial Magistrate-II, Kancheepuram, to release the passport of the petitioner bearing No.Z4259021 issued on 04th May, 2017 by the Passport authority of India consequently permit the petitioner to travel to Oslo, Norway for his professional work on such conditions. PRAYER in Crl.MP.No.18407 of 2025 : Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to 1/6
modify the order of this Court dated 17.07.2025 passed in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2017 as regards:- (i) that the passport of the petitioner bearing No.Z4259021 issued on 4th May, 2017 by the Passport authority of India need not be deposited with the learned Judicial MagistrateII, Kancheepuram after the Petitioner's every overseas travel and as otherwise the Petitioner to comply with all the prescribed conditions as set out in the above order dated 17.07.2025.
For Petitioner in both Crl.MPs : Mr.P.L.Narayanan, Senior Advocate For RR1 & 2 in both Crl.MPs : Ms.J.R.Archana, Government Advocate (Crl.Side) COMMON ORDER Crl.M.P.No.9331 of 2025 has been filed seeking direction to the learned Judicial Magistrate-II, Kancheepuram, for releasing the passport of the petitioner bearing No.Z4259021 issued on 04th May, 2017 by the Passport authority of India and consequently permit the petitioner to travel to Oslo, Norway for his professional work on such conditions.
2. Crl.M.P.No.18407 of 2025 has been filed seeking modify the order passed by this Court in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2025 dated 17.07.2025 to the effect that the petitioner need not deposit the passport with the learned Judicial Magistrate-I, Kancheepuram after his overseas travel.
3. The learned Senior Counsel for the petitioner submitted that, as per order of this Court dated 17.07.2025, the petitioner has been regularly 2/6
cooperating with the trial proceedings upon completion of his overseas travel. However, the learned Magistrate has observed that the petitioner must obtain appropriate directions or completion from this Court regarding the nondeposit of his passport before the Trial Court. Therefore, the petitioner has filed the present petition seeking such direction.
4. It is further submitted that the learned Public Prosecutor appearing before the Trial Court had also insisted for the deposit of the passport before the said Court. Hence, the petitioner herein was confined to come forward with the filing of this petition seeking modification of the said order.
5. I have gone through the order passed by this Court dated 17.07.2025 in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2017 and more particularly in para 6 which reads as follows: "6. In view of the above submissions, this Court directs the learned Judicial Magistrate No.I, Kanchipuram to return the petitioner's passport bearing No.Z4259021 issued on 04.05.2017, valid up to 03.05.2027, enabling the petitioner to his travel to Norway. The petitioner shall inform the learned Judicial Magistrate No.I, Kanchipuram about his date of departure, arrival, place of stay and his contact details. He will also submit a copy to the Investigation Officer in this case."
6. This Court is of the view that nowhere in the order dated 17.07.2025 in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2017 stated that the 3/6
petitioner needs to re-deposit the passport after completion of trial. Hence there is no need for further direction or clarification of the above order in this regard.
7. With the above observation, these Criminal Miscellaneous Petitions stand disposed of.
04.12.2025 ssi To 1.The Inspector of Police, Sivakanchi Police Station, Kancheepuram District.
4/6
2.The Deputy Superintendent of Police, Idol Wing, CID, District Armed Reserve Ground, Trichy.
3.Bureau of Immigration, Ministry of Home Affairs, Government of India, Haddows Road, Subbharao Avenue, Chennai-600 034.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR,J.
ssi 5/6
in Crl.O.P.No.28671 of 2017 04.12.2025 6/6