Mageswaran @ Kanniappan, v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20023 of 2018 Mageswaran @ Kanniappan .. Petitioner Vs 1.State rep. by The Inspector of Police, W-24, All Women Police Station, Teynampet, Chennai.

2.The Regional Officer, Foreigners Regional and Registration Office, [Departure/Arrival], Chennai International Airport, GST Road, Meenambakkam, Chennai-27.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to cancel the LOC in Cr.No.1/2016.

For Petitioner : Mr.S.Swamidoss Manokaran For Respondents : Mr.C.Raghavan, Govt. Advocate

O R D E R

This petition has been filed to direct the respondents to cancel the Look Out Circular in Crime No.1 of 2016. 2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 3.On the complaint lodged by one Neethika, the respondent Police registered a case in Crime No.1 of 2016 under Section 417 and 376 IPC and during the course of investigation, a Look Out Circular was issued against the petitioner for apprehending him wherever found. The petitioner was arrested in Crime No.1 of 2016 and was released on bail by the Sessions Court, Chennai in Crl.M.P.No.7359 of 2016 on 09.06.2016. The petitioner's Passport was detained by the Court and therefore, the petitioner

filed Crl.M.P.No.17606 of 2016 before the Sessions Court, Chennai, in which, by order dated 08.11.2016, his Passport was returned on condition that he should deposit Rs.3,00,000/-. Accordingly, the petitioner deposited Rs.3,00,000/- vide receipt No.54058 dated 10.11.2016 and has collected his Passport. It is the grievance of the petitioner that on account of Look Out Circular, he is being detained frequently at the airport, whenever he goes or comes back from abroad.

4.Today, Ms.M.Devika, WHC 16902, W-24, AWPS, Chennai-6 is present before this Court.

5.It is seen that investigation has been completed and the petitioner is facing trial in S.C.No.55 of 2017 before the Mahila Court Chennai. On instructions, learned Government Advocate submitted that the petitioner has been regulary attending the trial Court and the trial is likely to culminate in three months. Since the petitioner has been released on bail and since he is attending the trial Court regularly, this Court directs the respondent Police to immediatley recall the Look Out Circular against the petitioner in Crime No.1 of 2016. The petitioner shall also intimate his travel plans and place of stay abroad to the trial Court, as and when he intends to go abroad.

With the above direction, this petition is closed Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, W-24, All Women Police Station, Teynampet, Chennai.

2.The Regional Officer, Foreigners Regional and Registration Office, [Departure/Arrival], Chennai International Airport, GST Road, Meenambakkam, Chennai-27.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Swamidoss Manokaran, Advocate sr.no.55570 CRL.OP.No.20023 of 2018 nr 14/08/2018