Disposed¶38

M.MuthiahSthapathy v. State rep. by, Inspector of Police

Madras HC4 Dec 2025CRL MP/18407/2025

Case brief

AI extract

What is this about?

Passport release and re-deposit condition; Section 528 BNSS 2023; Crl.M.P.Nos.18407 and 9331 of 2025 in Crl.O.P.No.28671 of 2017; Sivakanchi Police Station and Idol Wing CID, Kancheepuram; travel to Oslo, Norway; order dated 17.07.2025 in Crl.M.P.No.12411 of 2025; held that no re-deposit of passport after overseas travel was required and no further clarification needed; petitions disposed.

What did the court decide?

Both Criminal Miscellaneous Petitions stood disposed of with the observation that the order dated 17.07.2025 did not require the petitioner to re-deposit his passport and that no further direction or clarification of that order was necessary. ¶38

M.MuthiahSthapathy Vs State rep. by, Inspector of Police — Madras HC (2025) — LawSathi Research

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Crl.M.P.Nos.18407 and 9331 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.12.2025

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CORAM

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THE HONOURABLE Mr. JUSTICE K. RAJASEKAR

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Crl.M.P.Nos.18407 and 9331 of 2025 in Crl.O.P.No.28671 of 2017

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M.MuthianSthapathy ... Petitioner in both Crl.MPs

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Vs.

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1.State rep. by Inspector of Police, Sivakanchi Police Station, Kancheepuram District.

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2.The State rep. by the Deputy Superintendent of Police, Idol Wing, CID, District Armed Reserve Ground, Trichy.

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3.Bureau of Immigration, Ministry of Home Affairs, Government of India, Haddows Road, Subbharao Avenue, Chennai-600 034. ... Respondents in both Crl.MPs

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PRAYER in Crl.MP.No.9331 of 2025 : Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to direct the learned Judicial Magistrate-II, Kancheepuram, to release the passport of the petitioner bearing No.Z4259021 issued on 04^th May, 2017 by the Passport authority of India consequently permit the petitioner to travel to Oslo, Norway for his professional work on such conditions.

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PRAYER in Crl.MP.No.18407 of 2025 : Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.18407 and 9331 of 2025

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modify the order of this Court dated 17.07.2025 passed in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2017 as regards:- (i) that the passport of the petitioner bearing No.Z4259021 issued on 4^th May, 2017 by the Passport authority of India need not be deposited with the learned Judicial MagistrateII, Kancheepuram after the Petitioner's every overseas travel and as otherwise the Petitioner to comply with all the prescribed conditions as set out in the above order dated 17.07.2025.

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For Petitioner in both Crl.MPs : Mr.P.L.Narayanan, Senior Advocate For RR1 & 2 in both Crl.MPs : Ms.J.R.Archana, Government Advocate (Crl.Side)

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COMMON ORDER

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Crl.M.P.No.9331 of 2025 has been filed seeking direction to the learned

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Judicial Magistrate-II, Kancheepuram, for releasing the passport of the petitioner bearing No.Z4259021 issued on 04^th May, 2017 by the Passport authority of India and consequently permit the petitioner to travel to Oslo, Norway for his professional work on such conditions.

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Crl.M.P.No.18407 of 2025 has been filed seeking modify the order

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passed by this Court in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2025 dated 17.07.2025 to the effect that the petitioner need not deposit the passport with the learned Judicial Magistrate-I, Kancheepuram after his overseas travel.

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The learned Senior Counsel for the petitioner submitted that, as per order of this Court dated 17.07.2025, the petitioner has been regularly

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.18407 and 9331 of 2025

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cooperating with the trial proceedings upon completion of his overseas travel. However, the learned Magistrate has observed that the petitioner must obtain appropriate directions or completion from this Court regarding the nondeposit of his passport before the Trial Court. Therefore, the petitioner has filed the present petition seeking such direction.

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It is further submitted that the learned Public Prosecutor appearing before the Trial Court had also insisted for the deposit of the passport before the said Court. Hence, the petitioner herein was confined to come forward with the filing of this petition seeking modification of the said order.

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I have gone through the order passed by this Court dated 17.07.2025 in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2017 and more particularly in para 6 which reads as follows:

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“6. In view of the above submissions, this Court directs the learned Judicial Magistrate No.I, Kanchipuram to return the petitioner's passport bearing No.Z4259021 issued on 04.05.2017, valid up to 03.05.2027, enabling the petitioner to his travel to Norway. The petitioner shall inform the learned Judicial Magistrate No.I, Kanchipuram about his date of departure, arrival, place of stay and his contact details. He will also submit a copy to the Investigation Officer in this case.”

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This Court is of the view that nowhere in the order dated 17.07.2025

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in Crl.M.P.No.12411 of 2025 in Crl.O.P.No.28671 of 2017 stated that the

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.18407 and 9331 of 2025

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petitioner needs to re-deposit the passport after completion of trial. Hence there is no need for further direction or clarification of the above order in this regard.

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With the above observation, these Criminal Miscellaneous Petitions stand disposed of.

04.12.2025

ssi

1.The Inspector of Police, Sivakanchi Police Station, Kancheepuram District.

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https://www.mhc.tn.gov.in/judis

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Crl.M.P.Nos.18407 and 9331 of 2025

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2.The Deputy Superintendent of Police, Idol Wing, CID, District Armed Reserve Ground, Trichy. 3.Bureau of Immigration, Ministry of Home Affairs, Government of India, Haddows Road, Subbharao Avenue, Chennai-600 034.

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