BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) The petitioner who is A3 in C.C. No. 2361 of 2001 was convicted by the trial court viz., Additional Chief Metropolitan Magistrate, Egmore, Chennai, against which, he preferred an appeal in Crl.A. No. 74 of 2010 before the VII Additional Sessions Judge, Chennai.

(2.) Learned counsel for petitioner submits that at the time of investigation, the petitioner's house was searched, during which, the petitioner's passport was seized and the same has been produced before the trial Court. In the trial, the passport has not been marked as an exhibit. Hence, the petitioner filed a petition seeking return of passport in Crl. M.P. No. 19268 of 2019 before the Sessions Judge, who, by order dated 4.10.2019, directed the respondent therein to return the passport of the petitioner bearing No. 761266821 on the petitioner executing a bond for Rs. 50,000/- to the satisfaction of that court and further the petitioner was directed to return the passport on or before 31.10.2019, or immediately after the renewal, whichever was earlier. Accordingly, the petitioner executed a bond and approached the respondent police along with the certified copy of the above order for return of passport. The respondent informed the petitioner on 18.10.2019 that the passport is not with their custody and it is deposited before the trial court namely Additional Chief Metropolitan Magistrate Court, Egmore.

(3.) Thereafter the petitioner filed a memo before the trial court along with the order of the Sessions Judge on 24.10.2019, but the said memo was returned by the Additional Chief Metropolitan Magistrate, Egmore stating that 'there is direction only to the respondent police to return the passport, not for this Court, hence returned'.