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Madras High CourtCRL OP(MD)/16343/2016disposed of

B.John Pandian, v. The Inspector Of Police,

2016-09-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.16343 of 2016 B.John Pandian .. Petitioner/ A15 Vs.

State rep. by the Inspector of Police, Sempatti Police Station, Dindigul District.

.. Respondent/Complainant PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to permit the petitioner to travel abroad to Malaysia and other countries, pending disposal of the proceedings in P.R.C.No.3 of 2010 on the file of the learned Judicial Magistrate No.II, Dindigul.

For Petitioner :Mr.R.Anand For respondent :Mr.A.P.Balasubramani, Govt. Advocate(Crl. Side)

ORDER

This petition has been filed praying to permit the petitioner to travel abroad to Malaysia and other countries pending disposal of the proceedings in P.R.C.No.3 of 2010 on the file of the learned Judicial Magistrate No.II, Dindigul.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The learned counsel for the petitioner would submit that the petitioner wants to go abroad for a period of five weeks, but permission for the same was refused by passport authority citing the pendency of the case against him in P.R.C.No.3 of 2010 on the file of the learned Judicial Magistrate No.II, Dindigul. When similar request was made by the petitioner last year in Crl.O.P. (MD).No.21561 of 2015, this Court, vide order dated 17.11.2015, granted permission to the petitioner to go abroad on certain terms and the present petition may be considered on the same line. https://hcservices.ecourts.gov.in/hcservices/ 4.This Court perused the order passed in Crl.O.P.(MD).No.21561 of 2015 in which in paragraph No.7 it is held as follows;

"7.In the said circumstances, the petitioner is permitted to go abroad and return before the end of January, 2016. Before leaving India, the petitioner shall appear before the learned Judicial Magistrate No.II, Dindigul and file an affidavit with regard to the date on which he is leaving India and the date before which he would return to India and further he may give the details of the programmes to the extent possible. Further, the petitioner is directed to appear before the trial Court on the next date of hearing without fail, failing which, the petitioner's future request for travel to abroad could not be considered, till the disposal of pending cases." 5.In view of the above, the petitioner is permitted to go abroad and return on or before 14.11.2016 in the same terms as stipulated in the order, dated 17.11.2015, passed by this Court in Crl.O.P.(MD).No.21561 of 2015.

6.This Criminal Original Petition is accordingly disposed of. Sd/ Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar.

To 1.The Judicial Magistrate No.II, Dindigul.

2.The Inspector of Police, Sempatti Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/S. R.Anand, Advocate, SR.No. 49925 Crl.O.P(MD)No.16343 of 2016 01.09.2016 gcg AM/SK.SKN/SAR-CO/06.09.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/