BENEDICT BALANATHAN MAHENDRAN ALIAS BALA MAHENDRAN Vs. STATE

JUDGEMENT

(1.) The Concurrent Judgements of the learned Principal Sessions Judge, Madras in C.A. No. 146 of 1985, dated 29-7-1086 and the learned II Metropolitan Magistrate, Madras, in C.C. No. 665 of 1982, finding both the revision Petitioners guilty for the offences under Sections 419, 420 and 120 B of the Indian Penal Code and Section 12(1)(b) of the passports Act and consequently, sentencing both of them to undergo rigorous imprisonment for a period of four months on all the four counts concurrently, are being canvassed in this Revision for want of legality, propriety and correctness.

(2.) Both the Petitioners who are husband and wife and Sri Lankan Nationals in origin, stood charged and tried by the trial Court for the offences under Sections 419, 420 and 120 B of the Indian Penal Code and Section 12(1)(b) of the passports Act. The first petitioner is stated to be Popular for his talent, excellence in cine photography and his being cine director and the second petitioner, his wife, is also stated to be in the Cinema field, but to a limited extent, in helping her husband with dance performances and so on. It is stated that the first petitioner was born on 20-5-1939 in Navaly, Jaffna District, and the second petitioner was born on 1-9-1948 in Puliyadikudi, Batticalea District, both in Sri Lanka. The parents of both the petitioners are also Sri Lankan nationals as evident from Exs. p. 62 and p. 64. Further, the document Ex. p. 63 clinches the fact that both of them have studied in Sri Lanka and the first petitioner had his earlier employment as a draftsman in that country. Their marriage was also evidenced by Ex. p. 39, the Xerox copy of the marriage register. Both of them had permanent address at their native place. By getting the clearance from the Department of Immigration and Emigation at Sri Lanka, with a Ceylonese passport, the first revision petitioner got the admission in the Film Institute of India at Pune, to study in Cinematography as evident from Exs. p. 19 and p. 20 to p. 28. In a similar mode, the second petitioner also got the clearance to visit India under the strength of an immigration certificate and documents under Exs. p. 44, p. 52 to p. 55, p. 60 and p. 27.

(3.) It is stated that during their stay in India, particularly at Madras, the second petitioner, with the assistance of the first petitioner, got her visa extended from time to time as evident from Exs. p. 12 to p. 17 and p. 48 to p. 59. It appears, on 17-11-1975, both the petitioners sent their applications Exs. p. 1 and p. 2 respectively to the Regional Passport Authority, Madras, through a travel agency by name International Travels, Madras 18. Exs. p. 3 and p. 4 are the printed forms supplied by the Regional Passport Authority, to be filled in by the applicants themselves, for the issuance of the passport to them. The first petitioner is stated to have given the date of birth in Ex. p. 1 as 19-5-1944, place of birth as Vadakanchery, Trichur District, in Kerala permanent address as 'Rama Nilayam', Vadakancheri and his parents' names as P. Raman Nair and N. Saraswathy Ammah. Likewise, the place of birth of second petitioner has been given as Enakakade, Vadakancheri, Trichur District, Kerala, her date of birth as 1-9-1955, permanent address as 'Palissery House', Enakakade post, Vadakancheri, Trichur District Kerala and her parents' names as P. Parameswaran and K. Karthyani Ammah. The entire particulars given in the applications were said to have been verified by witnesses P.W. 12 Bharathan and P.W. 4, A. D. Joseph, who are responsible persons of the locality, to vouch the veracity of the particulars given by the revision petitioners. A Senior Mechanical Engineer, employed in the Integral Coach Factory, Madras, by name, Ramachandran, P.W. 3, has verified the applications Exs. p. 1 and p. 2, on the strength of the which, P.W. 1, the Regional passport officer, at Madras, till June 1976, had passed the orders issuing the passport to the petitioners bearing Nos. K. 593661 and K. 593662 respectively on 24-11-1975, which were taken delivery by one Varghese, then employed as Manager in International Travels, on behalf of both the petitioners herein, as evident from Exs. p. 4 to p. 7.