Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 2034 (MAD)

Petitioner v. Respondent

2014-07-09

P.DEVADASS

body2014
Judgment P. Devadass, J. 1. Petitioner seeks a direction for return of his passport. 2. Petitioner is A-1 in C.C. No.12 of 2010 pending before the learned XI Additional Judge, C.B.I. cases, Chennai. 3. Offences alleged one under Sections 120-B r/w 420, 467, 468 & 471 of I.P.C. and Sec.13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988. 4. On 6.8.2013, petitioner was granted anticipatory bail by this Court in Crl.O.P.No.19437 of 2013 subject to certain conditions. One of the condition is that he should surrender his passport, he shall not leave the country without permission of the trial Court. 5. Now, he wants return of his passport. 6. Learned counsel for the petitioner submits that petitioner has to take care of his family and age old parents. Now, he got an opportunity to work in Gulf country. He had also received Visa. Learned counsel for the petitioner submitted that petitioner is need to stay in Qatar at least for 9 months. 7. I have considered the rival submissions and perused the averments in the petition, counter filed by the prosecution and materials on record. 8. Petitioner is an accused in a criminal case. It is pending. It will take time as it involves lot of work. There is no report of deviation on the part of the petitioner in complying with the conditions imposed by this Court as part of the anticipatory bail order. A copy of the Visa received for Qatar has been produced. 9. Petitioner is residing in Madambakkam in Chennai. He has family and age old parents. He has roots in society. 10. Petitioner engaged a counsel to defend himself. He has to eke out his livelihood and maintain his family. Now, he got an opportunity to earn in abroad. Merely because he is involved in some criminal case, he cannot be denied the opportunity to earn and support his family. An element of human right is also involved in it. 11. In the circumstances, I am inclined to order return of his passport for a limited period. 12. Ordered as under: (i) Learned XI Additional Judge, C.B.I. Cases, Chennai, is directed to return the passport to the petitioner. (ii) Petitioner shall file an undertaking affidavit to return the passport to the said Court within 9 months from the date of receipt of the same from the said Court. 12. Ordered as under: (i) Learned XI Additional Judge, C.B.I. Cases, Chennai, is directed to return the passport to the petitioner. (ii) Petitioner shall file an undertaking affidavit to return the passport to the said Court within 9 months from the date of receipt of the same from the said Court. (iii) Petitioner's father and wife shall execute personal bonds for Rs.10,000/- (Rupees ten thousand only) each to the satisfaction of the said Judge. 13. Accordingly, this petition is disposed of.