1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2011 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.(MD).No.53 of 2011 A.Gnanasekaran ... Petitioner Vs. The Inspector of Police, Sivakasi Town Police Station, (Cr.No.868 of 2007), Sivakasi, Virudhunagar District. ... Respondent Prayer: Petition is filed under Section 397 r/w 401 of the Criminal Procedure Code, to call for the records relating to the order passed by the learned Judicial Magistrate, Sivakasi, in C.M.P.NO.12573 of 2010 in C.C.No.12 of 2010 dated 06.01.2011 and quash the same. For Petitioner : Mr.P.Thangapandi For Respondent : Mr.R.M.Anbunithi, Government Advocate (Crl.Side) ORDER This petition has been filed to call for the records relating to the order passed by the learned Judicial Magistrate, Sivakasi, in C.M.P.NO.12573 of 2010 in C.C.No.12 of 2010 dated 06.01.2011 and quash the same. 2. Towards fulfilling the requirement under the Passport Act, that a person, whose case is pending trial, has to obtain permission to travel abroad from the concerned Court, this petitioner had moved the learned Judicial Magistrate, Sivakasi by way of C.M.P.No.12573 of 2010 in C.C.No.12 of 2010. The petition praying for such permission was rejected under order dated 06.01.2011. The reason assigned therefor by the lower Court was the pendency of the case, that the trial had not commenced and that the prosecutor had raised objections. 3. Against such order, the present Criminal Revision Case has been filed. 4. Admittedly, the major offence for which the petitioner faces trial in C.C.No.12 of 2010, on the file of the Judicial Magistrate, Sivakasi is under Section 506(ii) I.P.C. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The learned Counsel for the petitioner submits that in one other case, the petitioner stands acquitted. 6. In these circumstances, the principles of fairness would require grant of permission to the petitioner to travel abroad. Accordingly, the order of the lower Court is set aside and the Passport Authorities shall process the application of the petitioner for travelling abroad, upon production of this order. The Passport Authorities shall act in accordance with law and in keeping with the rules. With the above observation and direction, this petition is ordered. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1. The Judicial Magistrate, Sivakasi. 2. The Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. +1cc to Mr.N.Dilip Kumar, Advocate Sr.No.4397 ssl akm/8.02.11 /2p-5c/ Crl.R.C.(MD).No.53 of 2011 03.02.2011 https://hcservices.ecourts.gov.in/hcservices/