?IN THE HIGH COURT OF JUDICATURE AT MADRAS %DATED: 08/10/2010 *CORAM THE HONOURABLE MS.JUSTICE K.B.K.VASUKI +WP.18933 of 2007 #Jayanathan $State of Tamil Nadu !FOR PETITIONER : Mr.M.Radhakrishnan ^FOR RESPONDENT : Mr.P.Subramanian :ORDER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2010
CORAM:
THE HONOURABLE MS.JUSTICE K.B.K.VASUKI
W.P.No.18933 of 2007
and
M.P.No.1 of 2010
Jayanathan ... Petitioner
Vs.
1. State of Tamil Nadu
Represented by
the Secretary to Government,
Public (SC) Department,
Secretariat,
Chennai 600 009.
2. The Inspector General of Police,
'Q' Branch CID,
Chennai 600 004. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to hand over the passport of the petitioner to him immediately, and to permit the petitioner to leave India for London.
For Petitioner : Mr.M.Radhakrishnan
For Respondents : Mr.P.Subramanian,
Additional Govt. Pleader for RR1 & 2
ORDER
On consent the writ petition is taken up for final disposal at the admission stage.
2. The limited prayer sought for in this writ petition is for directing the respondents to hand over the passport of the petitioner to him immediately, and to permit the petitioner to leave India for London.
3. The petitioner herein, having British Passport, is one of the accused in Crime No.1 of 2009 of Q Branch CID and Poombhukar Police Station Crime No.35/2010. While, the first case is, for the offences under Section 120(B) IPC r/w. 10,13 (1) (2) of the Unlawful Activities (Prevention) Act 1967 and Section 14 of Foreigners Act 1946, the second case is, for the offence under Section 4(1) of the Indian Passport Act, the petitioner was originally arrested in connection with Q Branch Crime No. and his passport was also seized and was released on bail by the Judicial Magistrate on 08.06.2009 on condition that he should appear and sign before the Inspector of Police, Q Branch, Chennai daily at 10 a.m.
4. The learned counsel for the petitioner submitted that the conditional order is still in force and it is not yet modified. During the pendency of the writ petition, this Court has directed the 2nd respondent to file status report of the investigation, the case was filed against the petitioner and as per the status report filed herein, the Investigation is completed and file is sent to the Government and to the Commissioner of Police for sanction of prosecution for the offences under Arms Act and after getting sanction for prosecution, the final report will be filed before the concerned Jurisdictional Magistrate Court. As far as the passport of the petitioner is concerned, the same is produced before the concerned Judicial Magistrate and ordered by the concerned Judicial Magistrate Court to be handed over to British Embassy for safe custody. While the same is under the custody of British embassy, the petitioner has come forward with this writ petition for issuing direction to the respondents to release his passport and to permit him to leave India for London.
5. I have considered the rival submission made on both sides.
6. In my considered view, the relief sought for by the petitioner cannot be granted in writ jurisdiction. As already referred to the petitioner is let on bail, on condition to appear and sign before the Q Inspector of Police, Q Branch and the conditional bail order is still in force and the passport is handed over to the Embassy, as per the order passed by the same Jurisdictional Magistrate. That being so, the remedy available for the petitioner is to go and move the concerned Jurisdictional Magistrate for appropriate order for release of passport and for relaxation of the conditional order and for permitting him to leave India.
7. In the result, the writ petition is disposed of with the liberty given to the petitioner to move the concerned court for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.
08.10.2010
ogy
To
1. The Secretary to Government,
Public (SC) Department,
Secretariat,
Chennai 600 009.
2. The Inspector General of Police,
‘Q’ Branch CID,
Chennai 600 004.
K.B.K.VASUKI, J.
ogy
W.P.No.18933 of 2007
08.10.2010