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Madras High CourtCRL OP(MD)/19247/2016disposed of

S. Jeyapaul v. The Inspector Of Police

2016-11-07Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2016

CORAM

THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)No.19247 of 2016 S.Jeyapaul ... Petitioner -vs1. The Inspector of Police, All Women Police Station, Melur, Madurai District.

2.The Superintenent of Police, Madurai District.

3.The Regional Passport Officer, Kotchadai, Madurai District.

4.The Immigration Officer, Madurai Airport,Madurai.

5.Vijayalakshmi (R5 was impleaded as per order of this Court dated 18.10.2016 made in Crl.M.P.(MD) No.10026/16.

In Crl OP(MD)No.19247/2016 ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondents to permit the petitioner to visit Srilanka for business purpose from 10.10.2016 to 10.04.2017 and further directing the respondents 3 & 4 to return the passport of the petitioner bearing No.L5474071 and permit him to allow the petitioner to travel Srilanka.

For Petitioner : Mr.S.Mahalingam For R1 & R2 : Mr.K.Anbarasan Government Advocate(Crl.side) For R3 & R4 : Mr.S.Pillai Monicantan Senior Counsel Govt. of India, For R5 : Mr.V.Sasikumar

O R D E R

This petition is filed to direct respondents to permit the petitioner to visit Srilanka for business purpose from

10.10.2016 to 10.04.2017 and further directing the respondents 3 & 4 to return the passport of the petitioner bearing No.L5474071 and permit him to allow the petitioner to travel to Srilanka.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondents 1 and 2 and the learned counsel appearing for the respondents 3 and 4. In view of the limited relief sought for by the petitioner, this Court is of the view that notice need not be sent to the fifth respondent.

3.The learned counsel for the petitioner would submit that admittedly, the investigation is over and therefore, the petitioner cannot be forced to stay here, since he wants to visit Srilanka for business purpose. He would further submit that when the petitioner sought for similar relief on earlier occasions, this Court has granted the same on 24.06.2015, 18.08.2015 and 24.06.2016 in Crl.O.P.(MD).Nos.10172 of 2015 , 15738 of 2015 and 9711 of 2016 respectively.

4. The learned counsel for the petitioner would further submit that as per the order passed in C.A.No.35 of 2014 by the learned IV Additional District and Sessions Judge, Madurai, the petitioner has, so far, paid Rs.2 lakhs to the fifth respondent. It is also submitted that the petitioner undertakes to pay future maintenance every month without fail.

5.The learned Government Advocate (Criminal side) would submit that the final report filed by the first respondent against the petitioner and others in Crime No.7 of 2014 has been taken on file by the Court below and now NBW is pending against the sixth accused.

6. Considering the submission of the learned Government Advocate that NBW is pending against the sixth accused, this Court is of the view that the trial is not likely to commence in the near future. Further, there is no order to impound the passport. Even for impounding, a time limit has been fixed under the Passports Act,1967. In this case, admittedly, there is no order for impounding at all. Hence, this Court is of the view that the passport will have to be returned to the petitioner.

7. Accordingly, a direction is issued to the third respondent to return the passport to the petitioner within a period of one week. The petitioner is directed to appear before the third respondent and to produce the copy of this order. On receipt of the order, the third respondent shall return the Passport to the petitioner.

8. The petitioner will have to report to the trial court after his return without fail and co-operate for speedy trial. The permission given to the petitioner is only from 14.11.2016 to

10.04.2017. He has to surrender the passport to the third respondent after returning from Srilanka.

9. This Criminal Original Petition is disposed of with the above direction. Consequently, connected Crl.M.P.(MD) No.10026 of 2016 is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar CM To,

1. The Inspector of Police, All Women Police Station, Melur, Madurai District.

2.The Superintenent of Police, Madurai District.

3.The Regional Passport Officer, Kotchadai, Madurai District.

4.The Immigration Officer, Madurai Airport, Madurai.

5. The Additional Public Prosecuto, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.S.Mahalingam, Advocate Sr.No.66421 +1CC to S.Pillai Monicantan, Advocate Sr.No.66378 GJM/MPA/SAR-I-9.11.16-2p-8c Crl.O.P(MD)No.19247 of 2016 07.11.2016