IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01.08.2011 CORAM: THE HON'BLE MR.JUSTICE T.MATHIVANAN Crl.R.C.No.51 of 2010 R.Marimuthu .... Petitioner /Accused. Vs. The State rep.by Superintendent of Police CBI/ACB, Chennai ..... Respondent/Complainant. Prayer : Criminal Revision Petition filed under Sections 397 and 401 of the Code of Criminal Procedure against the Order dated 23.07.2009 and made in Crl.M.P.No.641 of 2008 in C.C.No.8 of 2002 on the file of the learned XI Additional Judge for CBI Cases relating to Banks, Chennai. For Petitioner : Mr.S.P.Chandrasekar For Respondent : Mr.N.Chandrasekaran Spl.P.P. for C.B.I.Cases O R D E R This memorandum of criminal revision is directed against the Order dated 23.07.2009 and made in Crl.M.P.No.641 of 2008 in C.C.No.8 of 2002 on the file of the learned XI Additional Judge for CBI Cases relating to banks, Chennai. 2. The petitioner is the 8th accused in the above case in C.C.No.8 of 2002. The trial is in half way. Though more than 100 witnesses have been listed in the case, the prosecuting agency was able to examine only 25 witnesses sofar. The petitioner is a chartered accountant by profession and he has been carrying out his business in Tamil Nadu and Kerala. In order to promote his housing projects, he has to travel abroad. Since his passport was seized and impounded, he is not able to perform his travel. https://hcservices.ecourts.gov.in/hcservices/ But, previously, the Trial Court had passed an order to return the passport to the petitioner so as to enable him to travel abroad on certain conditions. He had also complied with the directions of the Trial Court promptly. 3. The petitioner had preferred a petition in Crl.M.P.No.641 of 208 under Section 451 of the Code of Criminal Procedure to return his passport so as to facilitate to travel abroad for his business purpose and requested the Trial Court to return the same for the period of one year. But, the Trial Court in its Order dated 23.07.2009, while granting permission travel abroad, had directed the petitioner to return the passport within a period of three months. 4. Being aggrieved by the Order of the Trial Court, the petitioner has approached this Court by way of this revision. 5. Heard both sides. 6. On considering the submissions made by Mr.S.P.Chandrasekar, learned counsel for the petitioner as well as Mr.N.Chandrasekaran, learned Special Public Prosecutor for C.B.I.Cases, this Court is inclined to revise the Order of the Trial Court dated 23.07.2009 and made in Crl.M.P.No.641 of 2008 in C.C.No.8 of 2002. 7. In the result, this criminal revision is allowed and the Order of the Trial Court dated 23.07.2009 and made in Crl.M.P.No.641 of 2008 in C.C.No.8 of 2002, on the file of the learned XI Additional Judge for CBI Cases relating to Banks is revised. Permission is accorded to the petitioner to travel abroad for a period of nine months with a direction that he shall return the passport bearing No.F7483533 on or before 01.05.2012. Accordingly the passport is ordered to be returned to the petitioner on executing his own bond for Rs.50,000/- subject to the following conditions: 1. The petitioner is directed to use his passport to travel abroad for his business purpose only. 2. The petitioner is directed to submit his tour plan/schedule before the trial Court or respondent one month prior to the date of his journey. 3. The petitioner is directed to submit all the certified copy of the travel documents viz. Visa, Air Ticket etc., relating to his journey before the trial Court or respondent. 4. The petitioner is directed to furnish his full address of stay, contact telephone numbers, fax number, E-mail I.D. Etc., before the trial Court or respondent. 5. The petitioner is directed to give an undertaking by way of an affidavit before the https://hcservices.ecourts.gov.in/hcservices/ trial Court that he will not extend his stay and return to India within the time limit specified by this Court. 6. The petitioner is directed to submit the certified copy of the passports before leaving to abroad and is further directed to submit his original passport before the trial Court on or before 01.05.2012. 7. The petitioner is directed to give an undertaking that he will not get adjournment of the examination of the witnesses in his absence in the trial. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar. krk To 1. The learned XI Additional Judge for CBI Cases relating to Banks, Chennai. 2. The Superintendent of Police CBI/ACB, Chennai. 3. The Public Prosecutor, High Court, Madras – 600 104. 2 ccs To Mr. P.Chandrasekar, Advocate Sr 47349 Crl.R.C.No.51 of 2010 vsn[co] gp/13.9. https://hcservices.ecourts.gov.in/hcservices/