Criminal Petition No. 1892 of 2022 · Madras High Court

CRL MP(MD). No.9370 of 2026BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/04/2026CORAMTHE HONOURABLE MR. JUSTICE P. DHANABALCRL MP(MD). No.9370 of 2026in Crl.OP(MD) No.17703 of 20251. Riswana Begam2. Mohammed Nabeen ... PetitionersVsThe State of Tamil Nadu, Rep, by the Senior Intelligence Officer,, Directorate of Revenue Intelligence, Sub Regional Unit, No. 13/14, Saraswathi Nagar, Mahatma Gandhi Nagar, Madurai ... RespondentPRAYER :-Criminal Miscellaneous Petition filed to modify condition (b) of the bail order dated 16.10.2025 made in Crl O.P.(MD). No.17703 of 2025 by directing release of the petitioners Passport, in the interest of justice. For Petitioners : Mr.Sankarapandian S For Respondent : Mr.S.Gurumoorthy, Special Public Prosecutor1/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.9370 of 2026ORDERThis petition has been filed to modify condition (b) in Crl.O.P.(MD).No.17703 of 2025, dated 16.10.2025, thereby prays to release the Passport of the petitioners.

2. The learned counsel appearing for the petitioners would submit that based on the complaint lodged by the defacto complainant the respondent police have registered a false case against the petitioners and they were enlarged on bail as per the order of this Court in Crl.OP(MD) No.17703 of 2025, dated 16.10.2025, in which, in condition No.6(b) the petitioners were directed to surrender their Passports and shall not leave India without prior permission. Thereafter the petitioners approached this Court in Crl.M.P.(MD) No.20133 of 2025 to relax the said condition and the same was dismissed by this Court on 19.01.2026. As per Passports Act, the competent authority to impound the Passport is only the Passport Authorities. Therefore, the aforesaid condition imposed by this Court to surrender Passport is not in accordance with law. Hence, prays to modify the said condition.2/6 https://www.mhc.tn.gov.in/judis CRL MP(MD).

No.9370 of 20263.The learned Special Public Prosecutor appearing for the respondent would submit that considering the gravity of offence and to secure the presence of the petitioners, this Court directed the petitioners to surrender the Passport. Hence, prays to dismiss the petition. 4. Heard both sides and perused the materials available on record.5. The condition to surrender the Passport is in violation of Article 21 of the Constitution of India. Further, Court has no right to impound the Passport and as per the Passports Act and only the Passport Authorities has competent authority to impound the Passport. 6. Reliance is placed on the decision of the Hon'ble Supreme Court in Suresh Nanda .vs. Central Bureau of Investigation reported in (2008)2 SCC(Cri.) 121 and the decision of High Court of Karnataka in Praveen Surendiran vs. The State of Karnataka (Criminal Petition No.1892 of 2022). 3/6 https://www.mhc.tn.gov.in/judis CRL MP(MD).

No.9370 of 20267.On a careful perusal of the above said judgments, it is clear that the Court may, if it thinks fit, impound any document or thing produced before it under Section 104 of Cr.P.C., and this provision will only enable the Court to impound any document or thing other than a Passport. This is because impounding a Passport is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while the Cr.P.C., is a general law. Therefore impounding of a Passport cannot be done by the Court under Section 104 Cr.P.C., though it can impound any other document or thing. It is well settled that the special law prevails over the general law. So far as Passport is concerned the Passport authorities alone can impound Passport and the trial Court while granting bail cannot impose such a condition to deposit the Passport. If at all the Court wants to impound Passport the same can be done through the concerned authorities.