IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.Nos.24575 and 24580 of 2016 P.L.Muthu ... Petitioner in Crl.OP.No.24575/16 P.K.Senguptha ... Petitioner in Crl.OP.No.24580/16 Vs The State rep. by Inspector of Police, Bagalur Police Station, Krishnagiri District. ... Respondent in both the petitions Criminal Original Petitions filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate No.I, Krishnagiri to return the petitioners' passport bearing Nos.Z067802 issued on 30.07.1997 and 155722 to the petitioners pending disposal of CC No.43 of 2008 on the file of the learned Judicial Magistrate No.I, Krishnagiri.
For Petitioners : Mr.AR.L.Sundaresan, SC for M/s.AL.Gandhimathi For Respondent : Mr.C.Emalias, APP COMMON ORDER The present criminal original petitions have been filed to direct the learned Judicial Magistrate No.I, Krishnagiri to return the passports bearing Nos.Z067802 and Z155722 to the respective petitioners till the disposal of CC No.43 of 2008 pending on his file.
2. According to the petitioners, they have been implicated as accused in Cr.No.9 of 2006 on the file of the respondent police. Apprehending arrest, they filed two separate petitions in Crl.O.P.Nos.2118 and 2120 of 2006, before this Court, seeking anticipatory bail. By order dated 08.02.2006, the petitioners were granted anticipatory bail, on certain conditions, one of which was that they should surrender their passports before the Judicial Magistrate, Krishnagiri. Pursuant to the same, they surrendered their passports to the learned Magistrate concerned. Subsequently, after completion of investigation, charge sheet was filed by the respondent and the same was also taken on file as CC No.43 of 2008 by the learned Judicial Magistrate No.I, Krishnagiri. In view of the same, the petitions filed by the petitioners seeking anticipatory bail were, by order dated 03.08.2012, dismissed as withdrawn. Now, the grievance of the petitioners is that their respective passports bearing Nos.Z067802 and Z155722 got expired and the same have to be renewed. Further, they required passports for the purpose of travel. Hence, these criminal original petitions.
3. Heard the learned senior counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent, who has no serious objection in returning the passports to the petitioners, as investigation was already completed and charge sheet was also filed before the court concerned.
4. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court is of the opinion that since investigation has already been completed and final report was filed and the same was also taken on file as CC No.43 of 2008 by the learned Judicial Magistrate No.I, Krishnagiri, there is no requirement for keeping the passports of the petitioners on file by the trial court.
5. Hence, the petitioners are directed to file a petition before the learned Judicial Magistrate No.I, Krishnagiri seeking return of their respective passports and on such petition, the learned Magistrate shall consider the same for return of the passports bearing Nos.Z067802 and Z155722 to the respective petitioners for the purpose of renewal as well as travel, till the disposal of CC No.43/2008 pending on his file.
R.MAHADEVAN, J.
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6. Accordingly, these Criminal Original Petitions are disposed of.
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1. The Judicial Magistrate No.I, Krishnagiri.
2. The Inspector of Police, Bagalur Police Station, Krishnagiri District.
3. The Public Prosecutor, High Court, Madras – 104.
Crl.O.P.Nos.24575 and 24580 of 2016 http://www.judis.nic.in