Gladson Roby Lulu Devajamla v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.MP.No.7393 of 2025 in Crl.OP.No.27946 of 2025 Gladson Roby Lulu Devajamla ... Petitioner Vs.

The State rep by The Inspector of Police, All Women Police Station, Tiruvanmiyur, Chennai.

(Crime.No.2 of 2022) ... Respondent For Petitioners : Mr.K.Sankar For Respondent : Mr.C.Baskaran Government Advocate (Crl.Side) *******

O R D E R

The petitioner, arrayed as A1, is an Australian citizen and had a case registered against her in Crime No.2 of 2022. Apprehending arrest in the said case, the petitioner approached this Court by filing Crl.O.P.No.27946 of 2023, 1/5

and by an order dated 11.12.2023, this Court granted her relief. One of the conditions imposed was that the petitioner should surrender her passport before the learned Judicial Magistrate, Eraniel.

2. In compliance with the said condition, the petitioner surrendered her passport. Subsequently, the petitioner was arrested on the execution of a nonbailable warrant by the respondent police and was produced before the IX Metropolitan Magistrate, Saidapet. The petitioner filed a bail application, and the learned Magistrate, by order dated 14.12.2023, granted her bail, recording that the investigation in Crime No.2 of 2022 had been completed and the charge sheet had been filed in C.C.No.192 of 2023.

3. Further, the petitioner's passport, which had been deposited before the learned Judicial Magistrate, Eraniel as per the High Court's interim anticipatory bail order, has been transmitted and is now in the custody of the IX Metropolitan Magistrate, Saidapet.

4. The petitioner submits that she has filed a discharge petition, arguments have been heard, and at the time of pronouncement of orders, the respondent police filed a petition before the IX Metropolitan Magistrate, Saidapet stating that, on the point of jurisdiction, the investigation in Crime No.2 of 2022 has been transferred from the IX Metropolitan Magistrate, Saidapet to the XVIII 2/5

Metropolitan Magistrate, Saidapet. Consequently, C.C.No.192 of 2023 has also been transferred.

5. The petitioner states that her passport expired on 19.06.2024 and seeks its return for the purpose of renewal.

6. The learned Government Advocate submitted that the investigation has been completed and the charge sheet has been filed. The delay in the trial proceedings was due to the discharge petition filed by the petitioner, which has been pending for the past 10 months. Now, due to the transfer of jurisdiction, the case falls under the purview of the XVIII Metropolitan Magistrate, Saidapet. It is submitted that the case will take some time to be transferred and listed before the appropriate Court.

7. It is seen that the case now stands transferred to the XVIII Metropolitan Magistrate, Saidapet and is posted for hearing on 22.08.2025.

8. In view of the above, the XVIII Metropolitan Magistrate, Saidapet is directed to return the petitioner's passport (N8758278) and Overseas Card of India (A1624618), subject to the petitioner filing an affidavit stating that she will, after obtaining and renewing the passport, re-submit the same before the said Court. Further, after framing of charges, the petitioner shall also file an affidavit undertaking that she will not cause any delay in the conduct of the trial and that 3/5

she may be permitted to participate in the proceedings through virtual mode. However, her personal appearance shall be ensured as and when directed by the trial Court.

9.The petitioner shall also file a memo furnishing her residential and contact details and serve a copy of the same to the respondent police.

10. Accordingly, this petition is ordered.

28.07.2025 nvi To

1. The Inspector of Police, All Women Police Station, Tiruvanmiyur, Chennai.

2.The Public Prosecutor, High Court of Madras 4/5

M.NIRMAL KUMAR, J.

nvi Crl.OP.No.27946 of 2025 28.07.2025 5/5