Madras High Court
Rajasekara Pandiyan vs The State Rep. By on 16 December, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.12.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.RC(MD)No.938 of 2021
and
Crl.MP(MD)No.11269 of2021
Rajasekara Pandiyan : Petitioner/Petitioner
Vs.
The State rep. by
The Inspector of Police,
Kadaladi Police Station,
Crime No.260 of 2020 : Respondent/Complainant
Prayer: Criminal Revision is filed under Section 397 r/w 401
of the Criminal Procedure Code, against the order passed in Cr.M.P
No.817 of 2021, dated 03.12.2021 on the file of the District Munsif-
cum-Judicial Magistrate, Kadaladi.
For Petitioners : Mr.K.Sudalaiyandu
For Respondent : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis
2
ORDER
This criminal revision has been filed against the order passed
in Cr.M.P No.817 of 2021, dated 03.12.2021 by the District Munsif-
cum-Judicial Magistrate, Kadaladi.
2.The petitioner is facing the charges for the offences under
Sections 294(b), 417, 506(i) and 376 IPC. During the pendency of
the investigation, he was released on anticipatory bail. Now he
wanted to pursue his avocation or business, as the case may be in
abroad namely Abu Dhabi. But however, look out circular has been
issued against this petitioner upon the above said crime number.
He filed writ petition in WP(MD)No.16701 of 2021 along with the
other accused person to cancel the look out notice that has been
issued against them, by considering the representation made by the
petitioner, dated 04.09.2021. This court, after considering the
position, has passed an order observing that even though the final
report has not been filed so far before the trial court, this court
thought it fit to adopt the procedure that has to be followed against
the petitioner as stated in the Circular issued in
NO.VI/401/1/5/2019, Government of India, Ministry of External
Affairs, PSP Division, New Delhi, dated 10/10/2019. Noticing that
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frequent violation of the conditions imposed by this court, this
court thought it fit to direct the petitioner to approach the
concerned jurisdictional Magistrate to get proper permission to go
abroad. On that ground, the above said order has been passed in
the above writ petition, directing the petitioner to approach the
jurisdictional Magistrate Court for appropriate relief. While
disposing the matter, this court has also observed that at the time
of passing orders, the concerned jurisdictional Magistrate Court
may also take into consideration the right of the petitioner to go
abroad to pursue his avocation, which is a fundamental right and
the court can also impose conditions for ensuring their appearance
at the time of investigation and trial and on the order being passed
the look out notice that has been issued against this petitioner will
automatically deemed to have been cancelled or non-existent.
3.In view of the above said directions, the petitioner
approached the District Munsif-cum-Judicial Magistrate, Kadaladi,
by filing Cr.M.P No.817 of 2021. That came to be dismissed by the
trial court stating that investigation is not completed and if the
petitioner is permitted to go abroad, the investigation process may
be delayed. So on that ground, it came to be dismissed. Against
which, the present criminal revision came to be filed.
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4.At the time of hearing, Mr.M.Ajmal Khan, the learned
Senior Counsel appearing for the petitioner would submit that the
petitioner's fundamental right should not be made to suffer because
of the pendency of the investigation. Even though, the investigation
is completed and final report has not been filed before the
concerned court till now, the only concern of the prosecution can be
that the petitioner may abscond during the investigation process
and trial. So according to him, to ensure his appearance and
presence during the investigation as well as trial process, he is
ready to comply with any condition that may be imposed by this
court and he will also return to India within three months from the
date of the order and for that purpose, he is also ready to give an
undertaking affidavit.
5.Considering the fact that right from the judgment of the
Supreme Court in the case of Menaka Gandhi, the right to travel
abroad is recognized as a fundamental right, which cannot be
denied to a person.
6.As rightly contended by the learned Senior Counsel, the
concern of the prosecution can be met out by imposing the
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conditions. So, I am of the considered view that the right of the
petitioner to travel abroad cannot be curtailed. As stated above,
the petitioner's appearance and his presence must be ensured.
7.So this petition is allowed with the following conditions:-
(i).The petitioner must produce the
notary copy of the passport to the
jurisdictional Magistrate concerned within a
period 15 days from the date of receipt of a
copy of this order;
(ii)The petitioner must execute a
personal bond for a sum of Rs.1,00,000/- (One
Lakh only) along with two sureties for a like
sum, which must be the blood relatives of the
petitioner to the satisfaction of the District
Munsif-cum-Judicial Magistrate, Kadaladi;
(iii)After execution of the bonds, the
District Munsif-cum-Judicial Magistrate,
Kadaladi, shall issue 'No Objection Certificate'
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to the petitioner to travel abroad namely Abu
Dhabi;
(iv).The petitioner must share his
phone/mobile number with the respondent
police and must keep in touch with the
respondent police till he returns to India; and
(v).The petitioner must also file an
undertaking affidavit stating that he will
return to India within a period three months
from the date of receipt of a copy of this order
and he must also inform the trial court about
the address of staying in abroad along with
phone/mobile number, email.
8.With these above said conditions, the impugned order that
has been passed by the District Munsif-cum-Judicial Magistrate,
Kadaladi, stands set aside. On the execution of the above said bond,
the look out notice that has been issued against this petitioner shall
stand automatically cancelled or non-existent. The concerned
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authorities must act accordingly, and the jurisdictional Magistrate
concerned must send proper intimation to the passport authorities
as well as the to the concerned embassy.
9.With these directions, this criminal revision is ordered
accordingly. Consequently, connected Miscellaneous Petition is
closed.
16.12.2021
Index:Yes/No
Internet:Yes/No
er
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall
be the responsibility of the
advocate/litigant
concerned.
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G.ILANGOVAN, J
er
1.The Inspector of Police,
Kadaladi Police Station,
2.The District Munsif-cum-Judicial Magistrate,
Kadaladi.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.RC(MD)No.938 of 2021
16/12/2021
https://www.mhc.tn.gov.in/judis
