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Madras High CourtCRL MP(MD)/13619/2022modified

G. Gopalakrishnan v. The Inspector Of Police

2022-11-24Honourable Mr Justice A.A.Nakkiran2 pages

CRL MP(MD) No.13619 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL MP(MD) No.13619 of 2022 IN CRL OP(MD) No.8 of 2020 1 G.GOPALAKRISHNAN 2 BALAMURUGAN 3 BALAGURU ... PETITIONERS/PETITIONERS/ACCUSED NO.1,2 & 4 Vs State Rep.by THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI.

(CR.NO.61 OF 2019) ... RESPONDENT/RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition (c) imposed by this Honble court in Crl O.P (MD) No. 8 of 2020 dated 13.03.2020 and direct the Learned Judicial Magistrate No.1, Madurai to return the passport of the petitioners deposited in pursuance of the aforesaid order of this court. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JINNAH S M A, Advocate for the petitioners and of MR.M.VEERANTHIRAN, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the condition imposed by this Court in Crl.O.P.(MD)No.8 of 2020 dated 13.03.2020 and direct the learned Judicial Magistrate No.1, Madurai to return the passport of the petitioners deposited in pursuance of the aforesaid order of this Court.

2.Earlier this Court by an order, dated 13.03.2020, granted anticipatory bail to the petitioners on condition that the petitioners shall surrender their passports to the learned Judicial Magistrate No.1, Madurai, along with surety bond and they shall not leave the country without permission of this Court. https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.13619 of 2022 3.The learned counsel appearing for the petitioners would submit that the petitioners' passport had expired and for the purpose of renewal of passport, the present petition has been filed with the above said prayer. The learned counsel for the petitioners has also filed an undertaking affidavit, wherein, the petitioners have specifically given an undertaking that they shall inform the respondent and the trial Court whenever, they have planned to travel abroad, they shall provide entire details of the place of Foreign Countries to be visited and its duration of the travel. 4.Heard the learned Government Advocate (Crl. side) appearing for the respondent police has no serious objection to allow this petition.

5.Considering the facts and circumstances of the case and also taking note of the undertaking affidavit given by the petitioners, the learned Judicial Magistrate No.1, Madurai, is directed to return the passport to the petitioners for renewal. Further, the petitioners are directed to inform the respondent and the trial Court, whenever, they have planned to travel abroad, they shall provide entire details of the place of Foreign Countries to be visited and its duration of the travel. If any violation of the said undertaking given by the petitioners, the respondent police is directed to proceed further in the manner known to law. 6.With the above directions, this Criminal Miscellaneous Petition is disposed of.

sd/- 24/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.13619 of 2022 IN CRL OP(MD) No.8 of 2020 Date :24/11/2022 sji RS/BUC/SAR.1(07.12.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2