The court balanced the petitioner's genuine reasons for travel with the need to ensure her return and compliance with legal obligations, imposing specific conditions to address these concerns.

JUDGMENT

(Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct to 1st respondent Regional Passport Officer, Chennai, herein, to renew the passport of the petitioner Mrs.B.Bhavani bearing passport No.U 7429673, for a period of 2 years and permit the petitioner herein to travel to USA on condition to return to India on or before 12 months of her departure to USA.)

1. This Criminal Original Petition has been to direct the 1st respondent Regional Passport Officer, Chennai, herein, to renew the passport of the petitioner Mrs.B.Bhavani bearing Passport No. U 7429673 for a period of 2 years and permit the petitioner herein to travel to USA on condition to return to India on or before 12 months of her departure to USA.

2. The petitioner has filed an affidavit stating that there is a proceedings pending against her in C.C No.1 of 2011 on the file of the Special Court for The Puducherry Protection of Interests of Depositors in Financial Establishments Act 2004, for the offences under Sections 409, 420, 468, 471, 477A, 212, 120B read with 34 IPC Section 138, 142 Negotiable Instruments Act, Section 3 of the Puducherry Protection of interests of Depositors in Financial Establishments Act, 2004. Further it is stated that the Hon'ble Division Bench of this Court by order dated 30.06.2022 in W.A.No.1376 of 2022 and others, have given directions to implement the terms of the Memorandum of Understanding dated 15.04.2013 entered into by the parties in C.C.No.1 of 2011 and this Court also directed that the matter be settled according to the Memorandum of Understanding dated 15.04.2013 as mentioned above and the Hon'ble Justice Mala has been appointed as the Authority to oversee and supervise the distribution of funds among all the depositors and the same also stands confirmed by the Hon'ble Supreme Court of India. In the meanwhile, the petitioner's daughter got conceived for the second time and is expected to deliver the baby during December 2022. Since the petitioner's daughter Mrs.Gayatri Rajaram suffered from serious pregnancy and delivery related complications at the time of her first pregnancy and subsequent delivery and is once again suffering from such complications even at this time of her second pregnancy. Hence, the petitioner has filed the present petition seeking direction to the Regional Passport Officer, Chennai, the 1st respondent herein to renew the petitioner's passport bearing No.U 7429673 for a period of two years and permit her to travel to United States of America in the month of November to take care of the pregnant daughter and the new born baby after delivery.

3. It is stated that the respondents have no objections.

4. This Court has carefully considered the submissions made on either side and also the materials available on record.

5. The reasons stated by the petitioner to visit United States of America looks genuine. The petitioner has also filed an undertaking affidavit before this Court to the effect that she will return back to India on or before six months of her departure to United States of America. The affidavit dated 16.08.2022 filed by the petitioner is taken on record.

6. In view of the above, this Court is of the considered view the permission can be granted to the petitioner to visit United States of America subject to the following conditions:

a) The passport of the petitioner shall be renewed by the appropriate authority.

b) The petitioner is permitted to leave India to United States and she shall return back to India on or before 31.05.2023

c) The petitioner immediately after returning back to India, shall report before the Special Court for The Puducherry Protection of Interests of Depositors in Financial Establishments Act, 2004 at Puducherry and file a memo regarding her return to India.

d) Exemption is granted to the petitioner from the operation of the provisions of clause (f) sub section (2) of Section 6 of the Passports Act upto 31.05.2023