Rabiyattu v. The Immigration Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty First day of January Two Thousand Twenty PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL MP(MD). No.397 of 2020 in crlop(MD)No.176 of 2020 Rabiyattu W/o.Affideen 124 Meenakshi Illam, Machuvadi, Pudukkottai District ... Petitioner Vs 1 The Immigration Officer O/o.Foreign Regional Registration Office (Fpro) Bureau of Immigration, Shastri Bhavan Annex Building, No.26 Haddows Road, Chennai 2 The Superintendent of Police Tanjavur District, Tanjavur 3 The Inspector of Police Thiruvaiyaru Police Station, Thanjavur District ... Respondents Prayer in Crl.MP(MD)No.397 of 2019:- To modify the condition as the petitioner shall execute two sureties instead of relative sureties in Crl.OP(MD)No.176 of 2020 dt 10.01.2020.

Prayer in crl op)MD)NO.176 of 2020;- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure to direct the third respondent to return the petitioner!s passport vide No.UO786806 and to communicate the order of lifting of travel restriction imposed in pursuance of above said lookout notice to the first respondent. ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. M.Ramu, Advocate for the Petitioner and of Mr.S.Chandrasekar, Additional public prosecutor for the respondents, this Court made the following order:

This petition has been filed to modify the condition as the petitioner shall execute two sureties instead of two relative sureties in Crl.OP(MD)No.176 of 2020 dated 10.01.2020.

2.The order of this Court dated 10.01.2020, the petitioner was permitted to travel abroad on certain conditions, which is as follows:

"the petitioner shall appear before the third respondent and execute the bond for Rs.25,000/- along with two sureties for the likesum (the two sureties will be related to the petitioner) and further furnish the details with regard to her stay in England and also furnish her personal details including her address, Cell number and residential land line number and 3-mail I.D to ensure that she be intimated of any progress in the case so as to make her appear before the Court."

3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents. 4.The learned counsel for the petitioner would submit that on 10.01.2020, this Court directed the third respondent to return the petitioner's passport with certain conditions. One of the condition is that the petitioner shall execute two sureties of her relatives for the bond of Rs.25,000/-. The relatives of the petitioner are willing to stand as surety, however, the relatives of the petitioner do not own properties and thereby the petitioner is not able to produce relative sureties before the trial Court. The learned counsel would pray for modification of condition with regard to sureties.

5.Accepting the submission, the aforesaid condition is modified as follows:- "the petitioner shall appear before the third respondent and execute the bond for Rs.25,000/- along with two sureties for the like sum and further furnish the details with regard to her stay in England and also furnish her personal details including her address, Cell number and residential land line number and 3-mail I.D to ensure that she be intimated of any progress in the case so as to make her appear before the Court."

-Rest of the conditions shall remain the same. 6.With the above modification, this petition is ordered accordingly.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS)

TO

1. The Immigration Officer O/o.Foreign Regional Registration Office (Fpro) Bureau of Immigration, Shastri Bhavan Annex Building, No.26 Haddows Road,Chennai

2. The Superintendent of Police Tanjavur District Tanjavur

3. The Inspector of Police Thiruvaiyaru Police Station, Thanjavur District

4. The Addttional public prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, (2 COPIES) criminal section.

Madurai Bench of Madras High Court, Madurai +1cc to Mr M.Ramu Advocate Sr.No2190 ORDER DATED : 21/01/2020 ==========================

ORDER

========================== CRL MP(MD). No.397 of 2020 Giving direction and etc.

as stated within.

SMA/23/01/2020/3P/8C