1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.409 of 2011 Ramadoss ... Petitioner Vs. 1.State rep. By The Sub Inspector of Police, All Women Police Station, Tallakulam, Madurai District in crime No.23 of 2010 2.Mrs.Puvan @ Reena (2nd respondent is impleaded as per the order of this Court made in M.P.(MD) NO.1 of 2011 in Crl.O.P.No.409/2011 dated 09.01.2011 ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Judicial Magistrate No.II, Madurai to return the passport of the petitioner/accused which was surrendred by him in crime No.23 of 2010 as per the order of this Court in Crl.O.P.(MD) No.14441 of 2010. For Petitioner :Mr.T.K.Gopalan For Respondents :L.Murugan, Govt. Advocate (Crl.side)for R1 Mr.M.Anantha Padmanabhan for R2 O R D E R This Criminal Original Petition has been to direct the Judicial Magistrate No.II, Madurai to return the passport of the petitioner/accused which was surrendred by him in crime No.23 of 2010 as per the order of this Court in Crl.O.P.(MD) No.14441 of 2010. 2. Heard Mr.T.K.Gopalan, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State/R1 and Mr.M.Anantha Padmanabhan, learned counsel for the second respondent/defacto complainant. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel for the petitioner would submit in his argument that he was ranked as 1st accused in crime No.23 of 2010 for the alleged offence under Sections 498(A), 406 and 506(ii) of the Indian Penal Code on the file of the respondent police and he was granted bail by this Court in its order dated 13.11.2010 made in Crl.O.P.(MD) No.14441 of 2010 with conditions including the surrender of passport before the Judicial Magistrate No.2, Madurai. 4.He would further submit in his argument that the other condition viz., to appear before the respondent police daily at 8.00 a.m was also relaxed in toto by this Court and the condition of surrendering the passport is in existence and the passport was already surrendered before the Judicial Magistrate No.2, Madurai as per the condition. 5.He would further submit in his argument that the petitioner is a Marine Engineer and he has to sail along the Indian Coasts in the Ship and he has to resume his work for his livelihood and for that purpose, he is requiring the passport in order to get the job in the Ship. He would therefore request the Court to issue direction to the Judicial Magistrate No.2, for the return of the passport. 6.The learned counsel appearing for the 2nd respondent/defacto complainant would submit in his argument that the petitioner has already married one woman and deceived her and thereafter, the dispute in between them was ended in divorce and without disclosing the fact that the petitioner was not potent, he married the second respondent and cheated her also and if for any reason, the passport is handed over to the petitioner, he will fly off from the clutches of law by shipping to foreign countries and the case pending against him would be frustrated. 7.He would further submit in his argument that if he really the petitioner wants to work as Marine Engineer along the Indian Coasts, there is no need for the return of the passport and he can very well get the job without passport, since there is no necessity to visit any foreign countries. He would therefore request the Court that the petitioners plea cannot be acceded to and therefore, it may be dismissed. 8.The learned Government Advocate (criminal side) would submit in his argument that the investigation is offing and it is almost completed and charge sheet is yet to be filed and suitable orders may be passed in the circumstances of the case. 9.Considering the facts and circumstances of the case culled out from the arguments advanced on all the sides, this Court could see that the petitioner was granted regular bail with condition to surrender the passport and it is continuing still and other conditions have been relaxed. The petitioner wanted the passport to get a job as Marine Engineer in the Ship for sailing along the Indian Coasts. However, neither a documentary evidence nor any letter of offer for such post has been produced by the petitioner with any condition that passport is necessary. https://hcservices.ecourts.gov.in/hcservices/ 3 10.Admittedly, the investigation is still pending. If for any reason, the petitioner is utilizing the passport to go out of the country in the midst of investigation or trial, if charge sheet has been filed by the respondent police, then, the entire proceedings will come to a stand still. 11.Therefore, this Court does not feel that the prayer of the petitioner to issue a direction to the Judicial Magistrate No.2, Madurai to return the passport is not germane at this stage. Therefore, the claim of the petitioner to return the passport is disallowed and accordingly, this criminal original petition for seeking a direction, is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.2, Madurai. 2.The Sub Inspector of Police, All Women Police Station, Tallakulam, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul ssk/03.02.2011 /4c -3p/- Crl.O.P.(MD)No.409 of 2011 https://hcservices.ecourts.gov.in/hcservices/