Madras High Court

Adambakkam Murugan Indrakumari vs State Rep. By Inspector Of Police on 19 September, 2024

                                                                                Crl.R.C. No. 1416 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 19.09.2024

                                                               CORAM

                                    THE HON'BLE MR. JUSTICE M. NIRMALKUMAR

                                        CRIMINAL REVISION CASE No.1416 of 2024

                     Adambakkam Murugan Indrakumari                         ..Petitioner

                                                                Vs.

                     State rep. by Inspector of Police,
                     CCB, Bank Fraud,
                     Chennai – 600 007.                                     ..Respondent

                     Prayer:           Criminal Revision Petition under Section 397 read with 401

                     Cr.P.C. to call for the record of the trial Court and set aside the impugned

                     order dated 09.08.2024 in Crl.M.P. No. 44736 of 2024 in C.C. No. 2853 of

                     2022 passed by the learned Metropolitan Magistrate, Additional CCB,

                     Egmore, Chennai.

                                       For Petitioner     ::     Mr.A. Shabnam Banu

                                       For Respondent     ::    Mr.A. Damodaran,
                                                          Addl. Public Prosecutor
                                                             ORDER

The petitioner/Accused No.4 in C.C. No. 2853 of 2022 had filed an

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application in Crl.M.P. No. 44736 of 2024 before the Trial Court seeking

permission to travel abroad to visit her only daughter, who is residing in The

United States of America, due to her health condition, between August, 2024

and December, 2024. The Trial Court, by the order under challenge,

negatived the request of the petitioner and dismissed the petition. Hence, the

present revision.

2. The contention of the learned counsel for the petitioner is that

the petitioner is residing at No.1, Jeevan Nagar, 4th Street, Adambakkam,

Chennai – 88 and she is aged about 76 years. She is a retired State

Government employee. The petitioner had earlier filed a petition in Crl.M.P.

No. 14570 of 2022 before the Trial Court seeking to dispense with her

personal appearance on all hearing dates. The Trial Court, considering the

petitioner's health condition,by order dated 09.09.2022, allowed the said

petition and permitted the petitioner to be represented through a counsel on

all future hearing dates and further directed that the petitioner shall appear as

and when required by the Court and also that she must appear at the stage of

first questioning, questioning under Section 313 Cr.P.C. and judgment.

Hence, the learned counsel for the petitioner would submit that the presence

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of the petitioner before the Trial Court is not immediately required. Further,

the learned counsel would submit that the family of the petitioner has four

members, namely, the petitioner, her husband, a son and a daughter. The

petitioner's husband Balan passed away on 21.09.2021 and her son

Anbuselvan predeceased her husband on 14.09.2010. Her only daughter

Rekha Balan, aged about 52 years is currently residing in the United States

of America. The petitioner, who is in the evening of her life wants to visit

her daughter and spend some time with her grandchildren. Her last visit to

the United States was long time before. Hence, she is interested to travel to

the United States between August, 2024 and December, 2024 to be with her

daughter and grandchildren. The learned counsel for the petitioner would

submit that the travel of petitioner to the United States will not in any way

obstruct or hinder the progress of the case and the petitioner had cross-

examined the witnesses as and when they were examined. Further, he would

submit that there are still 12 more witnesses to be examined in this case and

the case has been adjourned periodically, once or twice in a month and as

per conservative estimate, the case will not get terminated before December,

2024. In view of the same, the petitioner's absence and travel to the United

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States will not in any way hinder the progress of the trial. As directed by the

Trial Court in Crl.M.P. No. 14570 of 2022, the petitioner will be present

before the Trial Court when she is required at the stage of 313 Cr.P.C.

questioning and to receive the judgment. The learned counsel for the

petitioner would add that the petitioner, to show her bona fides, is ready to

deposit the title deeds of undivided share of land of 850 sq. ft at No.29,

Jeevan Nagar, 4th street, Adambakkam, Chennai – 88. Though the property

stands in the name of her husband, who is no more, the only legal heirs to

the property are the petitioner and her daughter, who is in the United States.

The learned counsel for the petitioner would submit that the property is

valued at Rs.42 lakhs and the petitioner would file an affidavit stating that

no encumbrance will be created. That apart, the petitioner would provide

her travel itenary giving details of her departure and arrival, her address of

stay in the United States, contact details, email address and ensure that she is

available and accessible in the said address.

3. Learned Additional Public Prosecutor has filed counter and

submitted that the petitioner is Accused No.4, who is facing trial along with

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six others for the alleged offence of creating a forged sale deed as though to

construct a building with 815 sq.ft using 161 UDS of land, that the said sale

deed had been executed on 02.02.2017 and using the said document, all the

accused joined together and approached Punjab National Bank in the name

of M/s. Sri Nivas Constructions/A1, prepared a building plan for 815 sq.ft,

using the same, availed overdraft facility to the company/A1 to the tune of

Rs.42.78 lakhs. Initially, for a few months, EMI paid and thereafter, failed

to make the payment, resulting in their loan account becoming NPA. During

verification of documents, forgery found and thereafter complaint lodged.

Based on the complaint, respondent Police registered a case in Crime No.

236 of 2021 on 17.12.2021 for offences under Sections 120(B) read with

420, 465, 467, 468, and 471 IPC. In this case, so far 9 witnesses examined

and another 12 more witnesses are yet to be examined to complete the trial.

Learned Additional Public Prosecutor submit that the trial is at a crucial

stage and at this juncture, the petitioner is seeking permission to travel

abroad. The only apprehension is that the petitioner may evade justice and

may not be available for the trial. Since the trial, in all likelihood, will be

completed within a period of six months, the petitioner can be permitted to

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travel after the completion of the trial. He would further submit that as far

as the title deeds submitted by the petitioner are concerned, the SRO,

Alandur confirmed that the property belongs to the petitioner's husband

Balan and that the property is valued at Rs.42 lakhs. He would also submit

that the petitioner was not arrested during investigation and no anticipatory

bail application filed and no orders obtained. However, on completion of

investigation, finding that the petitioner not available, away from India, a

Look Out Circular issued and on her return from United States, petitioner

detained by the Immigration Authorities at the Airport, summons served and

thereafter, she is appearing befor the Trial Court. According to the learned

Additional Public Prosecutor, if the petitioner is permitted to leave to United

States,then she may not be available.

4. Considered the submissions and perused the materials on

record.

5. The petitioner is a widow, aged about 76 years, a retired State

Government servant. The petitioner's husband and son have passed away.

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The petitioner, who is in the evening of her life, wishes to meet her only

daughter residing in the United States and her grandchildren. Earlier, the

Trial Court dispensed with the personal appearance of the petitioner on all

future hearing dates and granted permission to be represented through

counsel. The petitioner directed to appear at the stage of initial questioning,

for 313 Cr.P.C. questioning and to receive judgment. The first questioning

completed and as of now, 9 witnesses examined. Still 12 more witnesses to

be examined. On conservative estimate, it is seen that trial to reach the

stage of questioning certainly not before January 2025. The petitioner's

absence and her travel to the United States will no way cause obstacle or

delay the progress of the trial. The petitioner produced title deeds of the

property valued at Rs.42 lakhs to s how her bonafide to return back to India

within the stipulated period.

6. For all the above reasons, this Court finds that the order dated

09.08.2024 passed in Crl.M.P. NO. 44736 of 2024 in C.C. No. 2853 of 2022

is not sustainable and the same is set aside. The petitioner is hereby granted

permission to travel to the United States of America to meet her daughter

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subject to following conditions:

(i) The petitioner shall file an affidavit before her departure

from India giving the date of her departure, details of her travel

to and from the United States of America, produce photostat

copy of the Air ticket, passport and visa details;

(ii) The petitioner shall deposit the original of the sale deed

bearing Document No. 1097/2006 and the same to be kept in a

sealed cover under safe custody. On her return from the United

States, the original sale deed to be handed back to the

petitioner;