Sakthivel v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-02-2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL RC No. 2809 of 2025 and CRL RC No. 2810 of 2025 Sakthivel S/o. Palanivelu, Plot No.8, Vaigai Street, Uthandi, Sholinganallur, Chennai - 600 119.
Petitioner(s) Vs State Rep.by, the Inspector of Police, CCB CCD Delta-II, ACTU, CWC, Chennai. Cr.No.9/2025.
Respondent(s) CRL RC No. 2810 of 2025 Sakthivel S/o. Palanivelu, Plot No.8, Vaigai Street, Uthandi, Sholinganallur, Chennai - 600 119.
Petitioner(s) Vs State Rep.by, the Inspector of Police, CCB CCD Delta-II, ACTU, CWC, Chennai. Cr.No.9/2025.
Respondent(s) PRAYER in CRL RC No. 2809 of 2025 To call for the records relating to the impugned common order dated 24.11.2025 passed by the Mahila Court, Chennai in Crl.M.P.No.10034 of 2025 in SC.No.504 of 2025 set aside the same and permit the petitioner to travel to the USA for the period sought, subject to such terms and conditions as this Honble Court.
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PRAYER in CRL RC No. 2810 of 2025 To call for the records relating to the impugned common order dated 24.11.2025 passed by the Mahila Court, Chennai in Crl.M.P.No.10055 of 2025 in SC.No.504 of 2025, set aside the same and permit the petitioner to travel to the USA for the period sought, subject to such terms and conditions as this Honble Court.
For Petitioner(s):
Mr.T.Muruganantham For Respondent(s):
Mr.R.Vinothraja Government Advocate (criminal Side) COMMON ORDER These Criminal Revision Cases have been filed challenging the orders passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Chennai, dismissing the petitioner's prayer seeking permission to travel abroad, which is one of the conditions imposed while granting bail to him.
2. The learned counsel for the petitioner would submit that the petitioner, who is an accused in Crime No.9 of 2025 for the offences under Sections 64(2), 68, 75(2) and 78 of BNS, had applied for bail before the learned Principal Sessions Judge, Chennai, and the learned Judge granted bail to him in Crl.M.P.No.2715 of 2025 dated 03.04.2025, on condition that the petitioner shall surrender his overseas passport and shall not travel to any foreign country without prior permission of the said Court. Thereafter, the petitioner filed 2 / 12
petitions seeking permission to travel abroad for a period of one month to attend to his business activities and to meet his family members. By the impugned common order in Crl.M.P.Nos.10034 and 10055 of 2025, the learned Judge dismissed the said petitions. It is further submitted that the petitioner is willing to produce sureties, including a person working in a Government Department, and is also willing to deposit the original title deeds relating to four properties as security to ensure his return to India.
3. The learned Government Advocate (Crl. Side) appearing for the respondent opposed the petitions, submitting that the petitioner is not only involved in the present case but also in two other cases, namely Crime Nos.3 and 4 of 2025, wherein he is accused of offences against a woman employee involving allegations of sexual harassment and rape. It is further submitted that since the petitioner is a Green Card holder issued by the USA and is a permanent resident abroad, there is every possibility that he may abscond and evade the process of law and that, therefore, the impugned orders do not warrant interference.
4. Admittedly, the petitioner is an accused in three cases registered in Crime Nos.3, 4 and 9 of 2025 on the file of the respondent. The respondent has 3 / 12
filed final reports in Crime Nos.3 and 4 of 2025. The case in Crime No.4 of 2025 has been taken on file in S.C.No.504 of 2025 by the learned Sessions Judge, Mahila Court, Chennai, and the trial is yet to commence. The case in Crime No.3 of 2025, in which a final report has been filed, has been taken on file in S.C.No.770 of 2025 by the learned Sessions Judge, Mahila Court, Allikulam, and the trial is yet to commence in that case also. The case in Crime No.9 of 2025 is pending investigation.
5. Therefore, the possibility of conclusion of trial in the near future appears to be remote. The petitioner has surrendered his passport in April 2025. It is stated that his family members are residing in the USA and that he also has business connections there. Though the petitioner is an accused in the aforesaid cases, he cannot be prevented from travelling abroad for a limited period. At the same time, it has to be ensured that the petitioner returns to India to face trial and all further proceedings. Hence, this Court is inclined to permit the petitioner to travel abroad on certain stringent conditions which would ensure his return to India on the date fixed by this Court.
6. In view of the above, this Court is inclined to permit the petitioner to travel abroad, subject to the following conditions: 4 / 12
(i) The petitioner shall execute a bond for a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) with three sureties each for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, Allikulam. The first surety shall be his mother; the second surety shall be his sister (who is not an accused in any of the cases); and the third surety shall be a Government servant.
(ii) The petitioner shall deposit the original title deeds relating to the four properties mentioned in his affidavit dated 12.01.2026 [the scanned copy of the said affidavit is attached to this order for easy reference] before the learned Sessions Judge, Mahila Court, Allikulam.
(iii) The petitioner shall file an affidavit before the learned Sessions Judge, Mahila Court, Allikulam, stating the dates of his travel which shall be between 01.03.2026 and 30.03.2026. In the said affidavit, the petitioner shall also furnish the address of his place of residence and his contact number during the said period.
(iv) A copy of this order shall be communicated to the Embassy of the United States of America at Chennai, informing that the petitioner's stay in the USA shall not exceed four weeks, as undertaken by him in the affidavit filed before the learned Sessions Judge, Mahila Court, Allikulam.
7. With the above observations and directions, these Criminal Revision Cases stand allowed.
12-02-2026 cda Encl: Scanned copy of Affidavit dated 12.01.2026. 5 / 12
SUNDER MOHAN J.
cda To 1.The Sessions Judge, Mahila Court, Chennai.
2.The Sessions Judge, Mahila Court, Allikulam. 3.The Inspector of Police, CCB CCD Delta-II, ACTU, CWC, Chennai.
4.The Public Prosecutor, High Court, Madras.
5.The U.S. Embassy, Chennai.
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