M SHAJI PURUSHOTHAMAN Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus directing the respondent to return the passports bearing Nos.Z1762211, F 8704587 and Z074756 standing in the name of the petitioner herein, viz., M. Shaji Purushothaman, seized in S.C. No.19 of 2014 on the file of the VII Additional Sessions Court, Chennai, within a time frame.

(2.) The petitioner is facing prosecution in S.C. No. 19 of 2014 before the VII Additional Sessions Court, Chennai, for various offences under the Indian Penal Code and the Motor Vehicles Act in respect of an incident, in which, it is alleged that the petitioner and his friends ran over pavement dwellers in their high-end car, killing a 13 year old boy and injuring several others. The incident is said to have taken place on 22.05.2013 in the night hours and after the incident, the petitioner tried to escape via Cochin Airport, where, he was apprehended by the police. His passports are now in Court custody. While so, the petitioner filed a petition under Section 451, Cr.P.C. before the VII Additional Sessions Court, Chennai, for return of his passports. The VII Additional Sessions Judge, Chennai returned the petition for the following reason:

(3.) From a perusal of records, it appears that the co-accused by name Syed Anwar seems to have filed a discharge application before the Trial Court and on the dismissal of the same, he has preferred Crl. Rev. Case No.974 of 2014 before this Court and this Court has stayed all proceedings before the Trial Court. On this ground, the petition filed by this petition under Section 451, Cr.P.C. has been returned by the Trial Court.