Amutha v. State Rep by

Crl.M.P.No.18412 of 2023 in Crl.O.P.No.5649 of 2023

A.D.JAGADISH CHANDIRA, J.

This petition has been filed to modify the condition imposed upon the petitioner, by this Court in Crl.O.P.No.5649 of 2023 dated 31.03.2023.

1. Learned counsel for the petitioner submitted that the petitioner is

an accused in Crime No.35 of 2023 registered by the respondent Police for the offence under Sections 420 of IPC r/w 34 of IPC. He further submitted that the petitioner is an Indian citizen and she has been granted residential status in France and thereby, she possesses the French Residential Card. He also submitted that the petitioner was granted anticipatory bail by this Court in Crl.O.P.No.5649 of 2023 dated 31.03.2023 with certain conditions, in which one of the conditions is that the petitioner is directed to surrender her original passport before the concerned Magistrate and thereby, in due compliance of the order, the petitioner has deposited her original passport bearing No.Z5898536 before the Court concerned.

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1. He further submitted that the petitioner's French Residential Card

expired on 29.04.2023 and she had applied to the French Embassy to renew her Residential Card and the interview has been fixed on 27.11.2023, for which, the petitioner has to appear before the authorities with her original passport and thereby, passport is required. He also submitted that already, Look Out Circular is pending as against the petitioner, thereby, there is no possibility of the petitioner to escape from the clutches of law. Therefore, he seeks that the condition may be modified and a direction may be issued to the learned Magistrate to return the petitioner's passport temporarily for enabling her to renew her French Residential Card. He further submitted that the petitioner also undertakes that she shall file an Affidavit of Undertaking that she will not leave India without obtaining permission from the Court concerned.