Madras High Court
M.Masco vs The State Of Tamil Nadu on 13 February, 2026
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
Crl.R.C.(MD).No.192 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.02.2026
CORAM
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Crl.R.C.(MD).No.192 of 2026
M.Masco ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its the Deputy Superintendent of Police,
Q Branch CID Police Station,
Thanjavur District.
(In Crime No.1 of 2024)
2.Shafeek Ahamed ... Respondents
Prayer : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C
(Section 438 r/w 442 of BNSS, 2023), to call for the records pertaining to the
judgment dated 09.01.2026 passed in Crl.M.P.No.5903 of 2025 on the file of
the Judicial Magistrate, Pattukkottai in Crime No.1 of 2024 on the file of the 1st
respondent Police for the offences u/s.120(B), 420, 465, 467, 468, 471, 109,
170 of IPC r/w. 12(1)(b), (12)(1A)(a), 12(2) of Passport Act, 1967, 14(C)
Foreigners Act -1946 and 66C, 66D IT Act, 2000 and set aside the same
consequently directing to pass an order of interim custody of the petitioner's
passport bearing No.U7020061 by allowing criminal revision petition.
For Petitioner : Mr.D.S.Haroon Rasheed
For R-1 : Mr.A.Thiruvadikumar
Additional Public Prosecutor
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Crl.R.C.(MD).No.192 of 2026
ORDER
Heard Mr.D.S.Haroon Rasheed, learned counsel for revision petitioner
and Mr.A.Thiruvadikumar, learned Additional Public Prosecutor for first
respondent.
2. The present Criminal Revision Case is filed challenging the order
passed by the Judicial Magistrate, Pattukkottai in Crl.M.P.No.5903 of 2025
dated 09.01.2026, whereby, petitioner’s request for interim custody of the
passport bearing No.U7020061 was rejected on the premise that investigation is
pending in the said case.
3. Learned counsel for petitioner would submit that petitioner is a third
party. He handed over his original passport to second respondent for securing
job. While so, a case was registered against the second respondent and 8 others
in Crime No.1 of 2024 for the offences under Sections 120(B), 420, 465, 467,
468, 471, 109, 170 of IPC r/w. Sections 12(1)(b), (12)(1A)(a), 12(2) of Passport
Act, 1967, 14(C) Foreigners Act, 1946 and Sections 66C, 66D Information
Technology Act, 2000 alleging that the second respondent along with others
prepared fake Indian passports for Srilankan citizens. Thereafter, petitioner’s
passport was seized from the second respondent. Petitioner has filed
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Crl.R.C.(MD).No.192 of 2026
Crl.MP.No.5903 of 2025 before the Judicial Magistrate, Pattukottai, to grant
interim custody of the said passport and the said petition was dismissed by the
Court below by the impugned order dated 09.01.2026 for the reasons stated
supra. Hence, this Criminal Revision Case has been filed.
4. Learned counsel for petitioner would submit that petitioner is not an
accused in the said case; that he has no knowledge of the said offence; that
interim custody of his passport may be granted and that he would abide by any
conditions that may be imposed by this Court.
5. Learned Additional Public Prosecutor appearing for the first
respondent, on written instructions, would submit that petitioner is an Indian
citizen and that respondent police has no serious objection for granting interim
custody of the passport subject to the condition that petitioner would co-operate
with the investigation and produce the passport as and when required, which
was agreed to by learned counsel for petitioner. Relevant portion of written
instructions from first respondent Police is extracted hereunder:
“Nkw;gb gjpywpf;ifia Ma;T
nra;jjpypUe;Jk;> ,k;kDf;fs; nfhLj;Js;s 5 egHfis
tprhhpj;j NghJ mtHfs; rkHg;gpj;Js;s Mtzq;fis Ma;T
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Crl.R.C.(MD).No.192 of 2026
nra;jjpypUe;Jk; Nkw;gb 5 egHfs; ,e;jpaHfs; vd;gJ
njhpate;Js;sJ.
,t;tof;fpy; mtHfSf;F vt;tpj njhlHGk; ,y;iy
vd;gJk; tprhuizapy; njhpate;Js;sJ.
vdNt Nkw;gb 5 egHfspd; flTr;rPl;bid chpa
egHfsplk; nfhLf;f vt;tpj Ml;NrgizAk; ,y;iy
vd;Wk;> ,t;tof;fpy; ,tHfsJ flTr;rPl;L vjphp rgPf; mfkJ
vd;gtiu ifJ nra;Ak; NghJ mthplkpUe;J ifg;gw;wg;gl;l
Mtzq;fs; vd;gjhYk;> ,t;tof;fpw;F Njitg;gLk; gl;rj;jpy;
Nkw;gb egHfs; mtHfsJ flTr;rPl;bid ePjpkd;wj;jpy;
xg;gilf;f Ntz;Lkha; gzpTld; Nfl;Lf;nfhs;sg;gLfpwJ.”
6. In view thereof, impugned order dated 09.01.2026 passed by Judicial
Magistrate, Pattukottai in Crl.M.P.No.5903 of 2025 is set aside and the
petitioner’s passport bearing No.U7020061 is directed to be released to
petitioner subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties each for a like sum to the
satisfaction of the Judicial Magistrate, Pattukottai;
(ii) Passport shall be released after taking photocopy of the same;
(iii) Petitioner shall undertake to co-operate with the investigation and
participate in the enquiry to be conducted by the respondent Police;
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Crl.R.C.(MD).No.192 of 2026
(iv) Petitioner shall furnish an undertaking to the trial court that he would
surrender the passport within one week of being so directed.
7. This Criminal Revision case is disposed of on the above terms.
13.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The Judicial Magistrate,
Pattukkottai.
2.The Deputy Superintendent of Police,
Q Branch CID Police Station,
Thanjavur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court.
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Crl.R.C.(MD).No.192 of 2026
MOHAMMED SHAFFIQ, J.
Lm
Crl.R.C.(MD).No.192 of 2026
13.02.2026
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