Madras High CourtCRL OP(MD)/3127/2017disposed of

Durairaj, v. The Inspector Of Police,

2018-09-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.3127 of 2017

1. Durairaj

2. Andal ... Petitioners Vs.

The State represented by The Inspector of Police Kadayam Police Station Tirunelveli District (Crime No.471 of 2013) ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to grant permission to them for a two months time so as to travel abroad particularly to United States of America for seeing his son by name Dinesh Durairaj who is presently residing at No.1/162, Main Road, Iynthankattalai, Alangulam Taluk, Tirunelveli District.

For Petitioners : Mr.R.Anand For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

The Criminal Original petition has been filed to travel abroad particularly to United States of America to meet petitioner's son who is living there.

2. The learned counsel brought to the notice of this court that the proceedings are pending before the learned Judicial Magistrate, Ambasamuthiram and is already under challenge in quash petition filed before this Court in Crl.O.P(MD) No.1247 of 2015 and this Court has already granted stay of all further proceedings.

3. The petitioners are directed to appear before the court below and file an affidavit clearly stating their tour plan and also date of arrival to India. On such affidavit being filed before the court below, the court below shall permit the https://hcservices.ecourts.gov.in/hcservices/

petitioners to visit the foreign country in order to meet their son. The affidavit shall be in the nature of an undertaking affidavit.

4. The Criminal Original petition is disposed of with the above direction.

Sd/- Joint Registrar (Judicial) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Judicial Magistrate, Ambasamuthiram, Tirunelveli District.

2. The Inspector of Police, Kadayam Police Station, Tirunelveli District.

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

AAV TE/RSK/SAR-1 : 16/10/2018 : 2P/4C Crl.O.P.[MD].No.3127 of 2017 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/