Madras High Court
G.Anbalagan vs The State Represented By on 13 October, 2022
CRL.O.P.No.18583 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.18583 of 2022
G.Anbalagan ... Petitioner
Versus
The State Represented by
The Addl. Superintend by Police,
SPE/CBI/ACB,
(R.C.No.7(A)03). ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to modify the order dated 18.01.2016 in
Crl.M.P.No.2/2015 in Crl.A.No.497/2013 passed by this Court instead of
after getting renewal of the same directed to submit in the trial Court after
renewal of the passport No.Z082752 issued on 07.12.2001. Further, the
petitioner should not use renewed passport for going abroad, the
petitioner may be pleased to retain the passport No.Z082752 issued on
07.12.2001 after renewal and the petitioner permit to travel abroad for
the travelling purpose.
For Petitioner : Mr.M.Palanivel
For Respondent : Mr.Sudev Kumar,
Senior Public Prosecutor
for CBI Cases
(Deputy Legal Adviser)
*****
Page No.1 of 9
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CRL.O.P.No.18583 of 2022
ORDER
This Criminal Original Petitioner has been filed to modify the order
of this Court, dated 18.01.2016 in Crl.M.P.No.2 of 2015 in Crl.A.No.497
of 2013.
2.The learned counsel for the petitioner submitted that the
petitioner is an accused in R.C.No.7(A)03, for offence under Sections
120(b) r/w 420, 468, 471 of IPC and Section 13(2) r/w 13(1)(e) and (d)
of the Prevention of Corruption Act, 1988. During the course of
investigation, the respondent conducted search in his house on
03.05.2003 and seized 15 documents, of which, one of the document is
his passport in No.Z082752. On completion of investigation, charge
sheet was filed before the learned XI Additional Special Judge for CBI
Cases, Chennai in C.C.No.16 of 2005, after completion of trial, the
petitioner was convicted and sentenced, vide judgment, dated
27.06.2013. Aggrieved against the same, the petitioner preferred an
appeal before this Court in C.A.No.497 of 2013 and the same is pending.
During trial, the passport of the petitioner is neither marked on the side of
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CRL.O.P.No.18583 of 2022
the prosecution, nor on the side of the defence/accused. It forms part of
the record. He further submitted that the petitioner moved this Court in
Crl.M.P.No.2 of 2015 in Crl.A.No.497 of 2013 seeking return of his
passport, wherein this Court, by order, dated 18.01.2016 gave direction
for return of passport for the purpose of renewal with conditions that the
petitioner should not use the renewed passport for going abroad. Now,
the petitioner has filed the present Criminal Original Petition to modify
the condition imposed in Crl.M.P.No.2 of 2015 in Crl.A.No.497 of 2013
on the ground that he has two sons, one Dr.Vijaya Govind, who
completed medical degree, now is currently working in National Health
Services, a British Government medical institutions in London and
another son Mr.Prasanna Govind completed his degree in Wayne
University, Detroit, Michigan, USA. Both the sons are yet to get married.
As a father, the petitioner to discharge his duty by arranging marriage for
his two sons. Hence, he has to necessarily visit USA, UK, Malaysia and
Singapore to make arrangement for his sons marriage.
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CRL.O.P.No.18583 of 2022
3.The learned counsel further submitted that the petitioner hails
from the traditional family, his father is one of the eminent state leader in
Tamil Nadu and he was elected as Member of Legislative Assembly and
was also a Minister in Tamil Nadu in the cabinet of Aringnar Anna and
Kalaignar Karunanithi. The petitioner's family is deep rooted in the state
of Tamil Nadu. After demise of his father, the petitioner's mother late
Mrs.A.G.Padmavathi was elected as MLA for two terms. Though the
petitioner is in custody of his passport, the petitioner cannot use the
renewed passport to go abroad due to the condition imposed by this
Court. Hence, the petitioner is unable to apply for visa and travel to
foreign countries. He further submitted that though the petitioner was
able to obtain the order in the year 2016 for return of passport and for
renewal, due to his health ailments, he could not immediately receive the
passport and only in the year 2020, he could receive his passport, during
the interim period, COVID-19 pandemic was at its peak. The petitioner
was advised not to move outside due to his old age and health ailments.
As per direction, the petitioner surrendered his passport before the trial
Court without renewal on 21.08.2022. Now, the petitioner seeks
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CRL.O.P.No.18583 of 2022
direction of this Court directing the trial Court to return the passport with
a permission for renewal and to apply for visa to go abroad.
4.Mr.Sudev Kumar, Senior Public Prosecutor for CBI Cases
(Deputy Legal Adviser) appearing for the respondent filed counter and
submitted that the petitioner was convicted by the learned XI Additional
Special Judge for CBI Cases, Chennai in C.C.No.16 of 2005 on
27.06.2013. Aggrieved against the same, he filed an appeal in
C.A.No.497 of 2013 before this Court and thereafter, the petitioner was
enlarged on bail by suspending the sentence on 23.07.2020 with
conditions. The passport of the petitioner was seized by the respondent
during investigation and the same was not marked as exhibit in this case.
During the pendency of the appeal, the petitioner filed Crl.M.P.No.2 of
2015 in Crl.A.No.497 of 2013, this Court, by order, dated 18.01.2016
directed the respondent to return the passport to the petitioner with
conditions. The petitioner received his passport on 06.11.2020 and
surrendered the same before the trial Court without renewal on
21.08.2022. Since the appeal is pending, some restrictions to be imposed
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CRL.O.P.No.18583 of 2022
to ensure the petitioner's presence during final hearing of the appeal. He
further submitted that the renewal of passport would take sometime as
well as for obtaining visa to foreign countries, more particularly, USA.
Considering the same, appropriate orders can be passed by this Court.
5.This Court considered the rival submissions and perused the
materials available on record.
6.The passport of the petitioner is not marked as material object
during trial despite seized during investigation. The passport later
returned to the petitioner for the purpose of renewal as per order of this
Court, dated 18.01.2016. Since the petitioner was unable to renew the
passport for quite sometime, he surrendered the same before the trial
Court. Now, the petitioner needs his passport for the purpose of renewal
and travel to UK, USA, Malaysia and Singapore for scouting bride for his
sons. The petitioner having two sons one in USA and another in UK,
which is not in dispute. The petitioner's purpose to visit abroad is not
doubted. As a father, the petitioner to make arrangements for marriage of
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CRL.O.P.No.18583 of 2022
his two sons. Hence, the travel of the petitioner to go abroad cannot be
denied. The only requirement is that the petitioner to be available during
final hearing of the appeal.
7.Considering the submission that the petitioner, as a father, has to
make arrangements for marriage of his two sons and further, it might take
sometime for the appeal to be taken up for final disposal, this Court is
inclined to grant permission for the petitioner to renew his passport and
to travel to USA, UK, Malaysia and Singapore with the following
conditions:-
(i)The learned XI Additional Special Judge for CBI Cases, Chennai
is directed to handover the passport of the petitioner in No.Z082752.
(ii)The concerned Passport Authority to renew the passport of the
petitioner in No.Z082752, for a period of four years.
(iii)After renewal, the petitioner can submit his passport for
obtaining visa to visit USA UK, Malaysia and Singapore.
(iv)Before leaving to abroad, the petitioner to furnish the details of
his travel viz., air tickets, likely date of departure and arrival, visa
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CRL.O.P.No.18583 of 2022
particulars, place of stay and contact details before the trial Court and the
copy of the same to be submitted to the respondent.
8.With the above directions, this Criminal Original Petition is
disposed of.
13.10.2022
Index: Yes/No
Internet: Yes/No
vv2
To
1.The Additional Superintendent by Police,
SPE/CBI/ACB.
2.The Public Prosecutor,
High Court, Madras.
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CRL.O.P.No.18583 of 2022
M.NIRMAL KUMAR, J.
vv2
CRL.O.P.No.18583 of 2022
13.10.2022
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