A person facing criminal trial has a fundamental right to travel abroad which cannot be denied by imposing unreasonable restrictions, though appropriate conditions can be imposed to ensure trial proceeds smoothly.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.04.2026 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Ameer Jawahar Alikhan ... Petitioner Vs.

The State Represented by its The Inspector of Police, Central Crime Branch, Team-IV, EDF-II, Veperty, Chennai – 600 007. ... Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records pertaining to order dated 15.04.2026 passed in Crl.M.P.No.3395 of 2026 in C.C.No.6838 of 2023 pending on the file of XXVIII Metropolitan Magistrate Court for Exclusive Trial of CCB (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai – 600 008 and to set aside the same and consequently permitting the petitioner to travel to Malaysia for his employment purpose.

For Petitioner : Mr. L. Gavaskar For Respondent : Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the order dated 15.04.2026 passed in Crl.M.P.No.3395 of 2026 in C.C.No.6838 of 2023, pending on the file of the XXVIII Metropolitan Magistrate Court for Exclusive Trial of CCB (relating to cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai – 600 008 and to set aside the same and consequently permit the petitioner to travel to Malaysia for employment purpose.

2. The petitioner / A3 in C.C.No.6838 of 2023, facing trial for offences under Sections 406 and 420 IPC r/w Section 34 IPC, has filed the present petition seeking permission to travel abroad, namely to Restoran Ramzan Maju, situated in Malaysia, to continue his employment as a restaurant crew. The trial Court, by order dated 15.04.2026 in Crl.M.P.No.3395 of 2026, dismissed the said petition, against which the present petition has been filed.

3. The contention of the petitioner is that a case in Crime No.121 of

2022 was registered on 16.06.2022 against the petitioner and other persons, namely one Mohammed Usama and Liyakath Ali Khan, who are arrayed as A1 and A2 respectively, while the petitioner is arrayed as A3. The 2^nd accused / Liyakath Ali Khan has died. It is further stated that a Lookout circular was issued aginst the petitioner and he was arrested on his arrival on 27.11.2024. Thereafter, the non-bailable warrant issued against him was recalled. The petitioner appeared before the trial Court on 28.11.2024, executed two sureties and surrendered his passport bearing No.W9443609.

3.1. Subsequently, the petitioner filed a petition seeking return of his passport, which was dismissed. Challenging the same, the petitioner filed a revision in Crl.R.C.No.500 of 2025 and the High Court, by order dated 13.02.2025, set aside the earlier order and directed the return of the passport to the petitioner.

3.2. Further, the petitioner filed W.P. No. 43521 of 2025 against the Regional Passport Authorities, seeking direction to pass final orders on the show cause notice dated 23.06.2025. The writ petition was allowed, setting aside the show cause notice and directing the petitioner to obtain necessary permission from the Court if the need to travel abroad arises. Hence, the present petition has been filed seeking such permission.

4. The learned counsel for the petitioner submitted that the petitioner is the sole breadwinner of his family and that unless he returns to Malaysia and resumes his employment, he would be unable to sustain himself and his family, who would otherwise suffer hardship.

5. The learned Additional Public Prosecutor for the respondent strongly opposed the petitioner’s contention stating that