S.R.Ravi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. OP (MD)No.4560 of 2018 and Crl MP(MD)No.2240 of 2018 S.R.Ravi ... Petitioner Vs.
1.State rep.by The Inspector of Police, All Women Police Station, Thiruvarumbur, Trichy District.
Crime No.4 of 2018 2.Sivagami ... Respondents Prayer : This Criminal Original Petition is filed Under Section 439 (1) (b) of Criminal Procedure Code to call for the records pertaining to the order dated 05.03.2018 passed by the Principal Sessions Court, Tiruchirappalli in Cr.MP No.968 of 2018 and set aside the order directing the petitioner to surrender his original passport before the learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli at the time of his surrender. For Petitioners : Mr.P.T.Ramesh Raja For Respondents : Mr.A.Robinson, Govt Advocate (Crl.Side) for R1 Mr.K.Sivabalan for R2
ORDER
The petitioner was implicated in a matrimonial case at the instance of the second respondent herein. The petitioner applied for anticipatory bail. The same was granted. However, the Sessions Court imposed a condition that the petitioner should surrender his passport. Aggrieved by the same, this Criminal Original Petition has been filed.
2.The learned counsel for the petitioner submitted that the petitioner is having business not only in India but also in abroad. If his passport is ordered to be surrendered, his https://hcservices.ecourts.gov.in/hcservices/
business will be ruined. The learned counsel for the petitioner further pointed out that he has immovable properties in India and that he further undertakes whatever properties are standing in his name will not be further encumbered and alienated except with the leave of the concerned jurisdictional magistrate Court. 3.This undertaking given by the learned counsel for the petitioner is recorded. He further submitted that he would not flee from the arms of justice and that the petitioner has to necessarily be in India in order to take care of his properties and other business. Recording the said undertaking, the condition imposed by the Trial Court with regard to surrender of the petitioner's passport is set aside. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
Sd/ Assistant Registrar (AD-I) /True copy/ Sub Assistant Registrar To 1.The Principal Sessions Court, Tiruchirappalli.
2.The Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.
3.The Inspector of Police, All Women Police Station, Thiruvarumbur, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.P.T.RAMESH RAJA, Advocate, SR.No. 63223 +1cc to Mr.K.SIVABALAN, Advocate, SR.No. 62939 Crl. OP (MD)No.4560 of 2018 and Crl MP(MD)No.2240 of 2018 23.04.2018 SKM KK/KKR/15.05.2018/SAR-2/2P-7C https://hcservices.ecourts.gov.in/hcservices/