Ramu Panayappan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :17.04.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.4008 of 2024 Ramu Panayappan ... Petitioner Vs.
1. State rep by The Inspector of Police, W27, AWPS, Vadapalani, Chennai - 600026.
[Crime No.18 of 2019] 2.The Deputy Commissioner of Police Crime against Women & Children Thousand Lights, Chennai
3. Bureau of Immigration, Rep by its Commissioner (Immigration) East Block VIII, Level V, Sector 1, R.K.Puram, New Delhi - 110066. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondents to withdraw the Lookout Circular No.1949751, originated by the 2nd respondent in FIR.No.18 of 2019, dated 07.11.2019, on the file of the 1st respondent. For Petitioner : Mr.M.Deivanandam For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
O R D E R
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The petitioner herein is first accused in C.C.No.118 of 2023 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai.
2. The case has been registered for the offences under Section 498A, 406, 420, 323, 506(i) r/w 34 of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act. Totally, there are five accused. This petitioner, who is presently employed in United States of America has not participated in the investigation and final report has been filed showing him as an absconding accused. Also the police has taken action to issue look out circular.
3. The learned counsel appearing for the petitioner states that the petitioner has moved this Court for anticipatory bail and this Court has granted anticipatory bail to him in Crl.OP.No.8860 of 2024 dated 16.04.2024. He further stated that the trial Court has adjourned the matter to 19.04.2024 for appearance of this petitioner. In view of the lookout circular, once the petitioner lands in India, there is every possibility of detaining him in prison. Therefore, lookout notice issued against him to be withdrawn.
4. The learned Government Advocate (Crl.Side) submits that the 2/5
case in Crime No.18 of 2019 is pending for long time because of non cooperation of this petitioner and absconding charge sheet was filed in the year 2023 and the matter stands for the appearance of the petitioner. Total withdrawal of lookout circular may help the petitioner to free from the clutches of law.
5. In view of the submissions made by counsel on either side, this Court is of the view that there may be a temporary suspension of the lookout circular for a period of sixty days from today. During that period, the petitioner shall appear before the trial Court and cooperate with the progress of the trial.
6. With the above directions, this Criminal Original Petition is disposed of. The petitioner shall be permitted to leave the country after obtaining permission from the trial court.
17.04.2024 Vv To
1. The Inspector of Police, 3/5
W27, AWPS, Vadapalani, Chennai - 600026.
[Crime No.18 of 2019] 2.The Deputy Commissioner of Police Crime against Women & Children Thousand Lights, Chennai
3. The Commissioner (Immigration) Bureau of Immigration, East Block VIII, Level V, Sector 1, R.K.Puram, New Delhi - 110066.
4. The Public Prosecutor, High Court of Madras, Chennai.
Dr.G.JAYACHANDRAN,J.
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Vv Crl.OP.No.4008 of 2024 17.04.2024 5/5