C RAMESH BABU Vs. STATE

JUDGEMENT

(1.) The Petitioner has filed this criminal revision petition to set aside the Order passed by the Learned CCB and CBCID Metropolitan Magistrate, Allikulam in Crl.M.P.No.4512 of 2017 filed for return of his passport bearing old.No.Z1758487 and the new No.E8895431 seized by the respondent in Crime No.214 of 2015.

(2.) The case of the petitioner is that he is a doctor by profession and senior consultant in Orthopedic. He used to go various countries as he, being the senior consultant in Orthopedic to attend seminar and rendering services. While so, a criminal cases was registered against the petitioner herein by the respondent police in Cr.No.214 of 2015 for the offence under sections 406, 420, 506(ii) r/w section 34 IPC. During the course of the investigation, the respondent police had seized the passport of the petitioner bearing No.Z1758487 and was produced before the XI MM Saidapet, and the same was kept under the custody of Court. Subsequently, the above case was transferred to Metropolitan Magistrate Court, CCB, CBCID, Allikulam, Chennai. The facts remain as such the Petitioner now requires his Passport to travel abroad to meet his son at London on 29.12.2018. Therefore, he filed an application in Crl.M.P.No.4512 of 2017 under section 451 of Cr.P.C for the return of his passport. Moreover, the petitioner has given an undertaking before the trial court that he would produce his passport immediately on his return to Chennai from London.

(3.) The Respondent police have strongly objected the return of petitioner's passport on the ground that as against the Petitioner charge sheet is filed for his involvement of a cheating case in which a huge sum of Rs.1,74,00,000/- is involved. Further, having found prima-facie case the charge sheet was taken on file by the learned Judicial Magistrate in CC.No.9660 of 2017. Hence strong objection is made by the respondent and pray for the dismissal of the above Petition.