IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice SUNDER MOHAN
SAKTHIVEL – Appellant
Versus
State Rep.by the Inspector of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL RC No. 2809 of 2025 and CRL RC No. 2810 of 2025 Sakthivel S/o. Palanivelu, Plot No.8, Vaigai Street, Uthandi, Sholinganallur, Chennai - 600 119.
Petitioner(s)
Vs State Rep.by, the Inspector of Police, CCB CCD Delta-II, ACTU, CWC, Chennai. Cr.No.9/2025.
Respondent(s)
CRL RC No. 2810 of 2025 Sakthivel S/o. Palanivelu, Plot No.8, Vaigai Street, Uthandi, Sholinganallur, Chennai - 600 119.
Petitioner(s)
Vs State Rep.by, the Inspector of Police, CCB CCD Delta-II, ACTU, CWC, Chennai. Cr.No.9/2025.
Respondent(s)
PRAYER in CRL RC No. 2809 of 2025 To call for the records relating to the impugned common order dated 24.11.2025 passed by the Mahila Court, Chennai in Crl.M.P.No.10034 of 2025 in SC.No.504 of 2025 set aside the same and permit the petitioner to travel to the USA for the period sought, subject to such terms and conditions as this Honble Court.
To call for the records relating to the impugned common order dated 24.11.2025 passed by the Mahila Court, Chennai in Crl.M.P.No.10055 of 2025 in SC.No.504 of 2025, set aside the same and permit the petitioner to travel to the USA for the period sought, subject to such terms and conditions as this Honble Court.
For Petitioner(s): Mr.T.Muruganantham For Respondent(s): Mr.R.Vinothraja Government Advocate (criminal Side)
COMMON ORDER
These Criminal Revision Cases have been filed challenging the orders passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Chennai, dismissing the petitioner’s prayer seeking permission to travel abroad, which is one of the conditions imposed while granting bail to him.
2. The learned counsel for the petitioner would submit that the petitioner, who is an accused in Crime No.9 of 2025 for the offences under Sections 64(2), 68, 75(2) and 78 of BNS, had applied for bail before the learned Principal Sessions Judge, Chennai, and the learned Judge granted bail to him in Crl.M.P.No.2715 of 2025 dated 03.04.2025, on condition that the petitioner shall surrender his overseas passport and shall not travel to any foreign country without prior permission of the said Court. Thereafter, the petitioner filed petitions seeking permission to travel abroad for a period of one month to attend to his business activities and to meet his family members. By the impugned common order in Crl.M.P.Nos.10034 and 10055 of 2025, the learned Judge dismissed the said petitions. It is further submitted that the petitioner is willing to produce sureties, including a person working in a Government Department, and is also willing to deposit the original title deeds relating to four properties as security to ensure his return to India.
3. The learned Government Advocate (Crl. Side) appearing for the respondent opposed the petitions, submitting that the petitioner is not only involved in the present case but also in two other cases, namely Crime Nos.3 and 4 of 2025, wherein he is accused of offences against a woman employee involving allegations of sexual harassment and rape. It is further submitted that since the petitioner is a Green Card holder issued by the USA and is a permanent resident abroad, there is every possibility that he may abscond and evade the process of law and that, therefore, the impugned orders do not warrant interference.
4. Admittedly, the petitioner is an accused in three cases registered in Crime Nos.3, 4 and 9 of 2025 on the file of the respondent. The respondent has filed final reports in Crime Nos.3 and 4 of 2025. The case in Crime No.4 of 2025 has been taken on file in S.C.No.504 of 2025 by the learned Sessions Judge, Mahila Court, Chennai, and the trial is yet to commence. The case in Crime No.3 of 2025, in which a final report has been filed, has been taken on file in S.C.No.770 of 2025 by the learned Sessions Judge, Mahila Court, Allikulam, and the trial is yet to commence in that case also. The case in Crime No.9 of 2025 is
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