Case Note & Summary
The petitioner, Sri Praveen Surendiran, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bengaluru, challenging an order dated 02-03-2022 passed by the IV Additional Chief Metropolitan Magistrate, Bangalore, in C.C.No.7559/2019. The impugned order rejected the petitioner's application for release of his passport. The petitioner was arrayed as accused No.10 in a case registered on 26-12-2018 for offences under Sections 420, 465, 467, 468, 471, 120B, 406, 408, 409, 477A, 506, 201 read with Section 34 of the Indian Penal Code, 1860 (IPC), based on a complaint by Vaitheeswaran S., Group CEO of MEMG International India Pvt. Ltd. After investigation, a preliminary charge sheet was filed, and later a second additional charge sheet on 11-01-2021 included the petitioner. The petitioner had obtained a stay of proceedings in the case via Writ Petition No.21035/2021 on 09-12-2021 and was granted bail on 20-12-2021 with conditions to execute a personal bond of Rs.1,00,000/- and furnish surety. The petitioner sought release of his passport to travel abroad for business purposes. The trial court rejected the application, citing the seriousness of the offences and the need to secure the petitioner's presence. The High Court, after hearing arguments, allowed the petition, setting aside the impugned order. The Court held that the passport is a valuable right and can be released subject to conditions to ensure the petitioner's presence. The Court directed the trial court to release the passport to the petitioner within two weeks, subject to the petitioner executing a bond of Rs.5,00,000/- with two sureties, undertaking to surrender the passport on demand, not to leave the country without prior permission, and to appear before the trial court as required. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure - Passport Release - Section 482 CrPC - Petitioner sought release of passport impounded during investigation - Court allowed release subject to conditions including surrendering passport on demand and not leaving country without permission - Held that passport is a valuable right and can be released with safeguards to ensure presence of accused (Paras 1-10).
Issue of Consideration
Whether the petitioner is entitled to release of his passport pending criminal proceedings, and under what conditions.
Final Decision
Petition allowed. Impugned order set aside. Trial court directed to release passport within two weeks subject to conditions: petitioner to execute bond of Rs.5,00,000/- with two sureties, undertake to surrender passport on demand, not leave country without permission, and appear before trial court as required.
Law Points
- Passport release
- Section 482 CrPC
- bail conditions
- right to travel
- passport impoundment
- criminal proceedings
