Velu Prasanth Karuppuchamy v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Velu Prasanth Karuppuchamy : Petitioner Vs.

1. The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

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

3. The Inspector of Police, Ayakudi Police Station, Dindigul District.

4. The Inspector of Police, S.S.Colony Police Station, Madurai City.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to issue a passport the petitioner pursuant to the petitioner's application 1/6

dated 07.04.2025 bearing file number MD 1077541289325. For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.P.Murugesan CGSC for R1 Mr.K.Gnanasekaran Government Advocate (Crl.Side) for R2 to R4

O R D E R

This writ petition has been filed for issuance of a writ of mandamus, directing the first respondent to issue the passport to the petitioner in Application No.MD 1077541289325, dated 07.04.2025, within the time stipulated by this Court.

2.The petitioner has made an application in File No. MD 1077541289325, for issuance of passport. However, upon receiving an adverse police verification report, the first respondent refused to issue the passport. Hence, this Writ Petition has been filed by the petitioner. 2/6

3. The learned Government Advocate (Crl.) appearing for the second respondent, on instructions, submitted that Crime No.37 of 2024 culminated in laying charge sheet in C.C.No.62 of 2025, before the learned Judicial Magistrate, Palani, Dindigul District.

4. Heard the learned counsels on either side and carefully perused the entire materials available on record.

5. The petitioner is given liberty to move the learned Judicial Magistrate, Palani, Dindigul District, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned Trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the learned Trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned Trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner-s absence from India. If necessary, the applicant can be directed to file an application 3/6

under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat.

6. Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer who shall dispose of the petition~mentioned application in terms of the said order.

7. This Writ Petition is allowed on the above terms. There shall be no order as to costs.

29.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

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

3. The Inspector of Police, Ayakudi Police Station, Dindigul District.

4. The Inspector of Police, S.S.Colony Police Station, Madurai City.

3. Learned Judicial Magistrate, Palani, Dindigul District. 5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.13111 of 2025 29.04.2025 6/6