Disposed

Pl.Muthu v. the Inspector of Police

Madras HC14 Jun 2017CRL OP/24575/2016

Case brief

AI extract

What is this about?

This common order in two criminal original petitions under Section 482 Cr.P.C. grants direction for the return of petitioners' passports. Investigation was complete and charge sheet filed; no need to retain passports. Petitioners to seek return from Magistrate.

What did the court decide?

Petitioners directed to file application before Judicial Magistrate for return of passports; Magistrate to return passports for renewal and travel.

Pl.Muthu Vs the Inspector of Police — Bail and Remand | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 14.06.2017

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE R.MAHADEVAN

¶5

Crl.O.P.Nos.24575 and 24580 of 2016

¶6

P.L.Muthu ... Petitioner in Crl.OP.24575 of 2016/Accused

¶7

P.K.Senguptha ... Petitioner in Crl.OP.24580 of 2016/Accused

¶8

Vs The State rep. by Inspector of Police, Bagalur Police Station, Krishnagiri District. ... Respondent in both the Petitions/Complainant

¶9

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.

¶10

For Petitioners : Mr.AR.L.Sundaresan, Senior Counsel for M/s.AL.Gandhimathi For Respondent : Mr.C.Emalias, Additional Public Prosecutor

¶11

COMMON ORDER

¶12

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.

¶13

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

¶14

https://hcservices.ecourts.gov.in/hcservices/

¶15

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.

¶16

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.

¶17

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.

¶18

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.

¶19

Accordingly, these Criminal Original Petitions are disposed of. Sd/Assistant Registrar(CCC)

¶20

//True Copy//

¶21

Sub Assistant Registrar

¶22

¶23

https://hcservices.ecourts.gov.in/hcservices/

¶24

¶25

The Judicial Magistrate No.I, Krishnagiri.

¶26

The Inspector of Police, Bagalur Police Station, Krishnagiri District.

¶27

The Public Prosecutor,
High Court, Madras – 104.
+2cc's to Mr.AL.Ganthimathi, Advocate, S.R.Nos.42425 & 42426
Crl.O.P.Nos.24575 and 24580 of 2016
SR(CO)
CA(04/07/2017)

¶28

https://hcservices.ecourts.gov.in/hcservices/

Pl.Muthu v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Pl.Muthu v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V. Suganthi, 44 Yrs, Vs the Commissioner of Police

S.Sagadevan, Aged 63 Yrs, Vs the State Rep.by

Tmt. Latha Prabakar, Vs Inspector of Police

Miss.R.C.Mini, Vs K.Vinoth Kumar

M.Chithraipandian, Vs the Commissioner of Police

P.Saravanan, Vs Aashish Surana