1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.1470 of 2011 Chelliah Sundaralingam ... Petitioner Vs. State through the Commissioner of Police, Madurai City, Madurai. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. for a direction to the respondent to clear the travel papers of the petitioner to go back to his native country Srilanka. For Petitioner :: M/s. N.S.Ponnaiah For Respondent :: Mrs.S.Devasena Govt. Advocate (Crl.side) O R D E R This petition has been filed by the petitioner seeking for a direction against the respondent to clear the travel papers of the petitioner to go back to his native country Srilanka. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side). 3. The learned counsel for the petitioner would submit in his argument that the petitioner is a citizen of Srilanka and he has come down to India with his passport and travel document. He would further submit in his argument that he came over to India in the year 1999 and thereafter he went to Srilanka and lastly he came to India on 14.03.2001 and from the said date, he resided at Door No.15, Chokkalingam Fourth Street, Ayyasami Compound, Madurai and due to his old age, he overstayed in India. Hence, his passport expired on 31.10.2001 and 22.04.2001 respectively. Therefore, he ought to have obtained emergency travel document from Srilankan Deputy High Commission, Chennai on 20.04.2010 to go over to Srilanka. He would further submit that the petitioner has addressed a letter to the respondent to sanction permission to leave India and it has been pending before the respondent and the 'Q' Branch of the Police Department has also given 'no objection certificate' and the petitioner has purchased air ticket and other arrangements for going over to Srilanka from Trichy airport to Colombo airport. Therefore, he would request the Court that a suitable direction may be issued to the respondent for issuing exit clearance certificate to him and thus the petition may be ordered. 4. The learned Government Advocate (Crl.side) would submit in her https://hcservices.ecourts.gov.in/hcservices/ 2 argument that the respondent had verified about the petitioner and it had been found that there is no implication of the petitioner in any case except in a case where he has been shown as one of the witnesses to depose. She would further submit that there is no objection to grant any exit clearance certificate to the petitioner by the respondent and therefore, suitable orders may be passed directing the respondent to issue such a certificate. 5. Considering the submissions made by both sides, this Court could see that the learned counsel for the petitioner would reiterate that the petitioner, who is ranked as one of the witnesses can at any time be summoned for deposing evidence, in such case, if his evidence is very much essential for the purpose of proving the prosecution case, he is ready to come to India. Recording the submissions of the learned counsel for the petitioner and after considering the facts and circumstances of the case and the submission of the learned Government Advocate (Crl.side), the respondent is directed to issue exit clearnace certificate within a period of one week from the date of receipt of a copy of this order. Accordingly, this petition is ordered. Sd/- Deputy Registrar /True copy/ Assistant Registrar To 1. The Commissioner of Police, Madurai City, Madurai. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.N.S.Ponnaiah, Advocate SR.10286 akv SR : 01.03.2011 : 2p/4c : IT Crl.O.P.(MD)No.1470 of 2011 24.02.2011 https://hcservices.ecourts.gov.in/hcservices/