IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 20.07.2007 Coram The Honourable Mr. Justice K.N.BASHA Crl.R.C.No.1010 of 2006 1. Umasivaraman 2. Sivaraman .. Petitioners vs. 1.State by Inspector of Police, Central Crime Branch, St.Thomas Mount, Chennai. 2. Mrs.D.P.Sharmila .. Respondents Impleaded as per Order of this Court dated 15.11.2006 in M.P.No.1/2006 Prayer : Revision under Section 397 r/w 401 of Criminal Procedure Code praying to call for the records of the learned Judicial Magistrate No.I, Poonamallee, set aside the order passed by the learned Magistrate in Crl.M.P.No.4577 of 2006 dated 24.08.2006 and order to return the documents, as stated therein, to the custody of the petitioner herein in Crime No.68 of 2006. For Petitioners : Mr.M.Maharaja For R-1 : Mr.A.Saravanan Government Advocate (Crl.Side) For R-2 : Mr.M.Chidambaram O R D E R The learned counsel for the petitioners submitted that this petition is filed seeking for the relief of setting aside the order passed by the learned Judicial Magistrate No.I, Poonamallee, in Crl.M.P.No.4577 of 2006 dated 24.08.2006 and to order to return the following documents to the custody of the petitioner herein in connection with Crime No.68 of 2006 : https://hcservices.ecourts.gov.in/hcservices/ 1.Passport of the petitioners ; 2.Cash of Rs.40,000/- 3.Blank cheque one drawn on Bank of Baroda, Matunga Branch, Mumbai. 4.Senior Citizen, pass book, Bank of Baroda, Matunga Branch, Mumbai. 5.National Savings Certificate for Rs.10,000/- 6.Shriram Finance Debenture Certificate (one No.) for Rs.25,000/- 7.Correspondent with Indian Bank by the Company. Now, it is submitted by the learned counsel for the petitioners that the learned counsel is restricting the prayer except the item No.2, as stated above viz., cash of Rs.40,000/-. 2. The learned counsel submitted that the petitioners are facing trial for the offence under Section 420 I.P.C. It is contended by the learned counsel for the petitioners that the petitioners were regularly appearing before the Court and also giving co-operation for the speedy disposal of the trial. The learned counsel for the petitioners contended that the petitioners are senior citizens and they are anxious to go to U.S.A. for meeting their daughter, who is at the advance stage of pregnancy. 3. Heard the learned counsel for the second respondent/defacto complainant in this case in respect of the submissions made by the learned counsel for the petitioners. It is contended by the learned counsel for the defacto complainant/second respondent should give their co-operation by making arrangements to represent through their Advocate regularly without obtaining any adjournments and they should inform the details about their departure and arrival to the concerned respondent police. 4. Heard the learned Government Advocate (Crl. Side) on the submissions made by the learned counsel for the petitioners as well as the second respondent. 5. I have carefully considered the submissions of both sides and also perused the materials available on record. 6. It is seen that the petitioners are facing trial for the alleged offence under Section 420 I.P.C. The petitioners submitted that they are senior citizens and they have to go to U.S.A. to take care of their daughter, who is at the advanced stage of pregnancy. The submission of the learned counsel for the petitioners clearly shows that the petitioners have come forward with a reasonable request. The defacto complainant also submitted that suitable conditions may be imposed on the petitioners. Therefore, this Court is constrained to direct the learned Judicial Magistrate No.I, Poonamallee, to return passports and and other https://hcservices.ecourts.gov.in/hcservices/ documents to the petitioners enabling the petitioners to meet their daughter at the U.S.A. under the following conditions : 1.The petitioners should give details about their arrival and departure and their place of residence at abroad viz., U.S.A. to the respondent police ; 2.The petitioners shall give co-operation for speedy disposal of the trial by representing through their counsel regularly before the Court for all the dates of hearing. This Petition disposed of accordingly. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar gg To 1. The Judicial Magistrate No.I, Poonamallee. 2. -do-Thro' The Chief Judicial Magistrate, Tiruvellore. 3. The Inspector of Police, Central Crime Branch, St.Thomas Mount, Chennai. 4. The Public Prosecutor, Madras High Court, Madras. 1 cc To Mr.M.Chidambaram, Advocate, SR.44739. 1 cc To Mr.M.Maharaja, Advocate, SR.44645. Crl.R.C.No.1010 of 2006 & Crl.M.P.No.1 of 2006 VC(CO) RVL 01.08.2007 https://hcservices.ecourts.gov.in/hcservices/