9911796707
TMI Blog2013 (10) TMI 1429X X X X Extracts X X X X X X X X Extracts X X X X ..... inst them. (Shortly, hereinafter L.O.C.). 2. Petitioners are owners of 'EVP Theme Park' in Sembarambakkam. There are lot of items of interest for the children. One is 'Octopus ride'. It is being used for jolly ride. 3. On 02.10.2012, a mishap has occurred while having ride in the said Octopus. Chabraboorthy's daughter sustained very serious injuries. She died. Based on her father's complaint a case in crime No.1271 of 2012 has been registered. After investigation, final report has been filed for an offence under Section 304(ii) IPC. Learned Magistrate took cognizance thereon in PRC. No.7 of 2013 as against the petitioners. It is pending. They have filed Crl.O.P.No.22742 of 2013 in this Court to quash t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory bail, as the case may be. But, it does not require to withdraw the L.O.C. order. Even apart from getting bail or anticipatory bail, if the offences are serious in nature, persons movements are required to be watched L.O.C. can be issued. 8. I have considered the rival submissions and perused the materials on records. 9. It is basic that merely because a person is involved in a criminal case, he is not denude of his Fundamental Rights. It is the fundamental of a person to move anywhere he likes including foreign countries. One's such personal freedom and liberty cannot be abridged.[See: Article 21 Constitution of India]. In the celebrated in MENAKA GANDHI Vs. UNION OF INDIA[AIR 1978 SC 597], the Hon'ble Supreme Court upheld the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed offenders name in the LOC of MHA which in turn will be included in all 23 the International Airport immigration countries. Ans: SsP/CsP have to write to Addl. DGP(INT) with all details to address the JD/DD(Immgn) MHA New Delhi and all CHIOs(Chief Immigration Officers) of International Airports for left India already but are likely to come back again, or those who are not supposed to leave the country as they are charged as accused in heinous crimes. In Delhi, Mumbai, Chennai & Kolkota, the Intelligence Bureau takes are of the immigration and in other international airports concerned commissioners of police SSP are designated as CHIOs. For instance or Hyderabad International Airport. DCPb. SB is the CHIO. 16Q.What a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued, if lands in an Indian Airport, he will be apprehended. There will be difficulty for him to land in a foreign country also as he will not allowed to enter the country from the Airport. 13. Petitioners are facing criminal prosecutions. They are granted bail/anticipatory bail. They are holders of valid Indian Passports. They have strong roots in the society. They are business people. They need to travel abroad often. So far there is no valid restriction on their movement by any Court order or Ministry of Home Affairs or External Affairs. They are not stated be involved in any heinous crimes. They are not terrorists. Nor anti-social elements. There is no allegation that they have absconded. Thus, they cannot be brought under any one o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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