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TMI Blog2019 (5) TMI 2009X X X X Extracts X X X X X X X X Extracts X X X X ..... om that fact that the investigating agency has not interacted with the petitioner during the past over seven months. Even after being restrained from leaving the country and returning home, for over a year, the petitioner is not an accused in any of the cases. As notice above, no charge sheet has been filed by the CBI. The instrument of a LOC is only to be used in an urgent situation where a person is found to have been evading the process of investigation. The investigating agency must circumspect in using this instrument, as it seriously affects the fundamental rights of the citizen, who is restrained from travelling. In the facts of this case, more so as the petitioner has taken up residence in the UK and he has been restrained from join ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the said cases and he is likely to abscond from this country. 4. It is alleged that the petitioner had exerted personal influence over other bank officials to grant facilities to undeserving borrowers, thereby causing wrongful loss to the banks and wrongful gain to the persons accused. 5. The petitioner states that he has taken up permanent residence overseas since 2014. He states that he had received an email from the CBI to appear in connection with certain investigations in January 2018. The petitioner states that he had responded to the said email and had confirmed that he would be visiting in India during the month of April 2018 and would voluntarily appear before the investigating authority. 6. Admittedly, the petitioner arrived i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other case, that is, CBI v. M/s Kingfisher Airlines Ltd. 11. Admittedly, the petitioner has not been called thereafter. He has also not been confronted with any records. This Court is, prima facie, of the view that the submission made by the IO was only for the purpose of opposing the petitioner s application and there was no urgent requirement for the petitioner to be confined in this country. This is obvious from that fact that the investigating agency has not interacted with the petitioner during the past over seven months. Even after being restrained from leaving the country and returning home, for over a year, the petitioner is not an accused in any of the cases. As notice above, no charge sheet has been filed by the CBI. 12. The instr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an affidavit to return back to this country, within a period of five weeks from his departure. (c) The petitioner shall also give a surety bond of any one person to the Registrar General of this Court. 16. Subject to the petitioner meeting the aforesaid conditions, the petitioner would be at liberty to travel to the United Kingdom for a period of five weeks. 17. In view of the aforesaid order, the petitioner does not seek to press his challenge against the LOC at this stage while reserving his right to do so. 18. Subject to the petitioner completing the aforesaid conditions, the Immigration authorities shall not create any impediment to the petitioner in travelling overseas for a period of five weeks. 19. The Registrar General of this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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