V. VENKATESH Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this writ petition under Section 482 of Cr.P.C., to direct the second respondent to issue passport to the petition with a validity period of 10 years.

(2.) The facts leading to the filing of this criminal original petition are as follows:- The petitioner was arrayed as an accused on the file of the CBI, EOW, Chennai registered in R.C.No. 5/E/2001 and 6/E/2001. Charge sheet was laid on the petitioner for the offences under Section 120B r/w 406, 420 of IPC and substantive offences U/s. 406 and 420 of IPC. The petitioner was directed to surrender his passport with the Investigation Officer CCB, EOW-II. Accordingly, he surrendered his passport and received an acknowledgement of receipt. Periodically, the passport of the petitioner was renewed for 1 year or 2 years. The Central Bureau of Investigation strongly objected the issuance of passport to the petitioner with a long validity, since they entertain apprehension with the petitioner would flee the country. While so, the petitioner approached the Additional Chief Metropolitan Magistrate, Egmore for filing Crl.M.P.No. 1771 of 2019 seeking direction to the second respondent to renew the passport with a validity period of 10 years. The said application was oppossed by the Central Bureau of Investigation. After hearing both the parties, the learned Metropolitan Magistrate, directed the Regional Passport Officer to renew the passport of the petitioner and further directed the petitioner to intimate the Court about the date of his travel, address of stay during such travel and date of return. The petitioner has now approached to modify the conditions and to issue passport with a validity period of 10 years.

(3.) Heard Mr.B.Natarajan, learned counsel appearing for the petitioner and Mr. K.Srinivasan, Special Government Pleader for CBI Cases and perused the materials available on record.