Bhavika Bharti vs State and Another

Suresh Kait, J.—With the consent of counsel for parties, present petition taken up for disposal.

Vide order dated 06.09.2011, following order was passed by this Court:

Vide order dated 26.02.2011, the Respondent No. 2 was granted bail with the condition that he shall be released on bail subject to his furnishing a personal bond in the sum of Rs. 20,000/- with two sureties in the like amount to the satisfaction of learned MM/ Duty MM. It was further directed that the applicant shall join the investigation as and when called upon to do so and in this regard the investigating officer shall be serving upon the applicant notice in that regard at least 10 days before requiring him to join investigation. It was further directed that within 21 days of returning back to Chennai, the applicant shall be filing his affidavit with IO/SHO PS Kirti Nagar mentioning therein his office address and residential address at Chennai.

Vide order dated 27.10.2010, the matter was referred to Mediation Cell on 30.10.2010. Accordingly, the parties appeared before the Mediation Cell on the said date, till then, the protection against arrest was given to Respondent till 26.02.2011.

Thereafter, vide order dated 26.02.2011, the Respondent was admitted to regular bail.

Thereafter, Respondent No. 2 moved the application for release of the passport and permission to go abroad, the same was dismissed vide order dated 12.05.2011 on the ground that in the order of Sessions Court there was No. direction to hand over or release the passport at the time of granting bail to the accused/Respondent, therefore, the application of Respondent No. 2 was dismissed.

Being aggrieved by the order dated 12.05.2011 passed by learned MM, Respondent No. 2 preferred a Revision Petition before the learned Sessions Court.

Vide order dated 04.06.2011, the Revision petition was allowed and the order of the learned Trial Judge dated 12.05.2011 was set aside and the Revision Petition was allowed.

Learned Counsel for the Petitioner submits that at the time of passing of the order in Revision Petition, neither the Petitioner was summoned nor was heard and in the absence of the Petitioner, the impugned order dated 04.06.2011 was passed.

It is further submitted by the learned Counsel for the Petitioner that if the passport is released to the Respondent, he may flee from India, thereafter, it would be difficult to bring him back to India.

Learned Counsel for Respondent No. 2 submits that vide communication dated 02.09.2011, Tata Consultancy Services, PTI Building, 4, Parliament Street, New Delhi the said company has offered him a deputation to USA to be posted at Atlanta, Georgia, for seven months. If the Respondent No. 2 does not accept this offer or does not complete the deputation on return to India, then it is essential to the business success of Tata Consultancy Services that assignment for which the deputation is made be completed by the employee and the employee returned to India on termination or expiry of deputation in accordance with this agreement then the Respondent has acknowledged and agreed that any action by employee in leaving or abandoning any assignment on this deputation before its completion without TCS expressed written approval shall constitute material breach by employee of the terms and conditions of the agreement. The Respondent has further acknowledged and agreed that TCS may suffer significance damages as a result of which, such breach or termination by this agreement by employee or abandonment of the services by employee and in such cases, employee shall liable to TCS for all such damages.

Learned Counsel for Respondent No. 2 further submits that Respondent No. 2 has been in USA for 10 months from March to December 2008 and after completion of that period, he returned to India. Further submits that that this time also after completing the aforesaid period of 07 months abroad, he will return to India.

Learned Counsel for the Petitioner submits that there are chances of Respondent No. 2 flee from India just to avoid proceedings going on against Respondent No. 2.

Keeping the aforesaid facts and circumstances into view, I direct learned Trial Court to release the passport of the Respondent No. 2 on the following conditions:

Respondent No. 2 is allowed to leave India for a period of seven months from the date of his departure.

He shall leave the address and particulars of stay at USA with learned Trial Court.

He may withdraw his salary except to the amount of Rs. 15,000/- per month.

He shall report back to learned Trial Court on completion of the above stated period.

He shall surrender his passport with learned Trial Court on completion of abroad assignment.

The amount of Rs. 15,000/- per month to be deducted from the salary of Respondent No. 2 is being directed without prejudice to the rights and contentions of parties, just to secure the interest of Petitioner, who is dependent being legally wedded wife of Respondent No. 2 and maintaining a male child of one year age; since the proceedings u/s 125 Code of Criminal Procedure are pending before the Trial Court.

Before leaving the India, Respondent No. 2 shall file his reply before learned Trial Court and he would be exempted through counsel Mr. R.D. Tyagi, Advocate.

Vide order dated 06.09.2011, proceedings before the learned Trial Court were stayed. Since, there is No. need to continue the stay, therefore, I direct that learned Trial Court to proceed further with the complaint being filed by the Petitioner.

Though, Tata Consultancy Services is not a party to the present proceedings, since, Respondent No. 2 has shown offer dated 02.09.2011, therefore, Tata Consultancy Services- the employer of Respondent No. 2 is hereby authorised to deduct an amount of Rs. 15,000/- per month for the period of abroad deputation of Respondent, till further orders.

In case of change of any company either while stationing at USA or otherwise, then the Tata Consultancy Services shall not issue No. Objection Certificate or Experience Certificate to the Respondent No. 2 without the permission of this Court.

Copy of order be also sent to Tata Consultancy Services for compliance.

Keeping the above discussion into view, No. further orders are required to be passed, therefore, Criminal Revision Petition No. 393/2011 is disposed of in above terms.

In view of above, Criminal M.A. No. 11373/2011 and Criminal M.A. No. 10497/2011 renders infructuous and accordingly stand disposed of.

No order as to costs.

Copy of order be given dasti under signature of the Court Master to both the parties.