TMI Blog2010 (10) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... ure, place of destination and the expected date of return - This criminal revision case is allowed and the Court below is directed to return the passports of the petitioners on the condition that petitioners 1 to 5 giving an undertaking to furnish advance information to the investigating Officer regarding date of their departure, place of destination and the expected date of return. - 1037 of 2010 - - - Dated:- 28-10-2010 - P.R. Shivakumar, J. REPRESENTED BY : S/Shri B. Kumar, Sr. Counsel, for P. Solomon Francis, for the Petitioner. Shri N. Chandrasekaran, Spl. Public Prosecutor for CBI Cases, for the Respondent. [Order]. Mr. N. Chandrasekaran, learned Special Public Prosecutor for CBI Cases takes notice on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raigned as accused in the above said case and petitioners 6 and 7 have not been shown as accused, by mistake they are also described as accused persons. However, such a technical mistake shall not deter the Court from passing orders granting necessary relief in the interest of justice. 5. The learned senior counsel for the petitioners submits that neither the Investigating Officer nor the Special Judge does have the power to impound the passport pending investigation or pending trial and that, if the impounding of the passport becomes necessary according to the Investigating Officer or the Special Judge, then the passport authorities should be moved for the said purpose. The above said submission has been made with a qualification that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on-availability of the accused persons, this Court deems it fit to impose a condition for the return of the passports that petitioners 1 to 5, who alone have been arraigned as the accused, shall give an undertaking to the Court below to furnish advance information to the Investigating Officer regarding the date of their departure, place of destination and the expected date of return. 8. In the result, this criminal revision case is allowed and the Court below is directed to return the passports of the petitioners on the condition that petitioners 1 to 5 giving an undertaking to furnish advance information to the investigating Officer regarding date of their departure, place of destination and the expected date of return. - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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