Madras High Court
C.Muthusanjeevi vs The State on 19 September, 2024
Author: N.Seshasayee
Bench: N.Seshasayee
Crl.A.No.806 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2024
CORAM : JUSTICE N.SESHASAYEE
Crl.A.No.806 of 2024
C.Muthusanjeevi ... Petitioner / A-14
Vs.
The State, Rep by its
Inspector of Police
SPE/CBI/ACB/Chennai
in RC 23(A)/2007 ... Respondent /
Respondent
Prayer : Civil Appeal filed under Section 454 of Cr.P.C., praying to set aside
the order in C.M.P.No.58 of 2024 in C.C.No.12 of 2010 dated 20.05.2024
passed by the II Additional District Judge (CBI cases), Coimbatore.
For Appellant : Mr.K.Mohanamurali
For Respondent : Mr.K.Srinivasan
Special Public Prosecutor [CBI]
JUDGMENT
This appeal is filed challenging an order passed by the II Additional District
Court (Special Court for CBI cases), Coimbatore in Crl.M.P.No.58 of 2024 in
https://www.mhc.tn.gov.in/judis
C.C.No.12 of 2010.
2. The appellant herein is arrayed as A14 in the said case, and he had moved
the trial Court for return of the passport. The trial Court allowed the petition,
but with a qualification that the passport shall be returned only for one month
for the purpose of its renewal and once it is done, it is directed to be
reproduced before the Court.
3. To a query from the Court to the learned Prosecutor as to why the Court
requires the passport of A14, the learned Prosecutor submitted to the extent
that he has instructions in the matter, the passport was submitted to the Court
as a part of the bail condition imposed on him.
4. The learned counsel for the petitioner submitted that during investigation,
the Investigating Officer has seized the passport and left it in the custody of
the trial Court. He further argued that Court may not impound the passport
and if at all the investigating agency requires that the passport be impounded,
it ought to move under Section 10 of the Passport Act. Inasmuch as the
Court cannot impound the passport, it may have to be returned to the
passport holder. He also submitted that the petitioner is yet to obtain return
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of the passport even for renewal, as he had preferred this appeal and since the
trial Court has restricted the return to a bare one month.
5. In response, the learned Prosecutor submitted that there are two parts to
the case of the petitioner: the first part disclosed and the second part
undisclosed. So far as the first part is concerned, as per the instructions he
had received, he was not able to ascertain the circumstances under which the
passport had reached the Court. He also submitted that the Ministry of
External Affairs in Notification G.S.R. 570(E) dated 25.08.1993, had carved
out an exception to Section 62(f) of the Passport Act, and enabled issuance of
passport to Indian citizens who face trial for criminal cases in India, for such
period, the Court before which the case is pending, may permit. The second
part which is more critical is travelling abroad with the aid of the passport.
This is something which the trial Court alone can consider depending on the
facts of the case and the stage of trial etc.,
6. This Court finds there is merit on both sides. Accordingly, this Court
requires the trial Court to ascertain whether passport of the petitioner herein
has been seized by the investigating agency and left it in its custody. If the
passport is not required for investigation or if the investigating agency does
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not requires it to be impounded, then it is only appropriate for the Court
concerned to release the passport. So far as any travel abroad by the
petitioner is concerned, he has to apply to the trial Court seeking leave of the
trial Court for travelling abroad, and such travel would be subject to such
conditions which the Court granting leave may impose on him.
7. The criminal appeal is disposed of accordingly.
19.09.2024
ds
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-speaking order
To:
1.The II Additional District Judge (CBI cases)
Coimbatore.
2.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
N.SESHASAYEE.J.,
ds
19.09.2024
https://www.mhc.tn.gov.in/judis
