A P MOHAMMED ALI Vs. STATE

JUDGEMENT

(1.) THE Petition is filed seeking a direction to the Additional special Judge for CBI Cases, Chennai to return the passport of the petitioner to enable him to undergo a travel to United States of America.

(2.) THE petitioner, along with ten others, stands charged wit,h offences punishable under Sections 120b read with 420, 467, 468,471, 475, 201,218, 255, 258 and 259 of the Indian Penal Code and Section 13 (2)read with 13 (l) (d) of the Prevention of Corruption Act. The petitioner was granted bail by the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai in Crime no. 2849 of 2004 on condition that he should surrender his passport and should not leave india without prior permission from the court. In compliance of the aforesaid condition imposed on him, the petitioner surrendered his passport bearing No. A8560020. Thereafter, he filed an Application seeking relaxation of the condition imposed in the order of bail. The learned Additional Special Judge for CBI Cases, chennai was pleased to direct that the petitioner should inform the investigating officer whenever he wants to go over to foreign country or shift his permanent residence until further orders.

(3.) THE petitioner would contend that he has been appearing before the Additional special Judge for CBI Cases, Chennai who is trying the case for the past two years without seeking any exemption from appearance. The petitioner's daughter is staying along with her husband and two kids in usa. The petitioner has received a letter dated 13. 12. 2007 from his daughter. She is in a family way and she is expected to deliver her child in the month of May 2008. She has requested him and his wife to come and stay with her during her delivery time. The petitioner is a retired IPS Officer drawing pension from the Government. He has got a permanent residence at Chennai and ilayangudi. He owns a commercial property at Royapettah. His brother's family and younger sisters are also in India. He has strong social roots in the city of Chennai. He has to come back to Chennai after spending sometime with her daughter in the hour of need. The U. S. Authorities are also very strict as far as the stay of the foreigners in their country is concerned. Of course, the earlier Application moved by the petitioner seeking permission to visit his daughter at saudi Arabia was dismissed on the ground that the trial will be delayed. The petitioner will be put to mental agony if he is not permitted to visit his daughter at this crucial juncture. He will not raise any objection in future that witnesses had been ex amined in his absence. Therefore, with the above averments, he has sought for interim custody of his passport.