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Madras High CourtCRL OP/4570/2021disposed of

S.Priyakrishnan v. The State Rep.By

2021-03-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.4570 of 2021 and Crl.MP.No.2922 of 2021 S.Priyakrishnan

...Petitioner

.Vs.

1.The State by The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, All Women Police Station, Chidambaram.

(Crime No.1/2020) 3.Foreigner Regional Registration Officer (FRRO), Ministry of Home Affairs, East Block-VIII, Level-2, Sector-1, R.K.Puram, New Delhi-110066.

4.The Assistant Foreigners' Regional Registration Officer (AFRRO), Delhi International Airport, Delhi 110037.

5.Foreigner Regional Registration Officer(FRRO), Ministry of Home Affairs, Shasthri Bhavan, 26, Haddows Road, Nungambakkam, Chennai 600 006.

6.The Assistant Foreigners' Regional Registration Officer(FRRO), Chennai International Airport, Chennai 600 027.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to withdraw the Look out Circular issued against SENTHIL PRIYAKRISHNAN (PASSPORT No.J9108430) in relation to Cr.No.1 of 2020, on the file of the 2nd respondent Police, Chidambaram. For Petitioner : Mr.I.Abrar Mohamed Abdullah For Respondents : Mr.Mohamed Riyaz Additional Public Prosecutor for R 1 & R 2

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondents to withdraw the Look out Circular issued against the petitioner in Crime No.1 of 2020. 2.It is seen from records that there are various proceedings pending against the petitioner and the petitioner has also approached this Court seeking for the transfer of the proceedings. This Court has entertained the petitions and those petitions are awaiting final orders. In the meantime, the petitioner wants to come back to India in order to participate in the proceedings.

3.There is a Look out Circular that is pending against the petitioner and hence the petitioner apprehends that he will be arrested as and when he travels to India. Therefore, the present petition has been filed for a direction to the respondents to withdraw the Look out Circular issued against the petitioner.

4.Heard Mr.I.Abrar Mohamed Abdullah, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing on behalf of respondents 1 and 2.

5.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has to attend atleast four proceedings which are pending in various Courts, there shall be a direction to the 1st respondent to immediately issue a communication to the immigration office to keep the Look out Circular issued against the petitioner in Crime No.1 of 2020, in abeyance. This process shall be completed by the 1st respondent forthwith on receipt of this order since it is reported that the petitioner is arriving in India towards the end of this month. The petitioner is directed to make a fresh representation to the 1st respondent along with his travel schedule and also a copy of this order. 6.

It is also made clear that this Court is showing more consideration to keep the Look out Circular issued against the petitioner in abeyance since the petitioner has undertaken to travel to India and participate in all the pending proceedings. Therefore, this Court is confident that the petitioner will give his full cooperation to participate in the pending proceedings and ensure its earlier completion. If the petitioner does not cooperate for the completion of the proceedings and misuses the liberty, it is always left open to the 1st respondent to revive the Look out Circular issued against the petitioner by issuing appropriate intimation to the immigration authorities.

7.This Criminal Original Petition is disposed of with the above directions. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kp To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, All Women Police Station, Chidambaram.

3.Foreigner Regional Registration Officer (FRRO), Ministry of Home Affairs, East Block-VIII, Level-2, Sector-1, R.K.Puram, New Delhi-110066.

4.The Assistant Foreigners' Regional Registration Officer (AFRRO), Delhi International Airport, Delhi 110037.

5.Foreigner Regional Registration Officer(FRRO), Ministry of Home Affairs, Shasthri Bhavan, 26, Haddows Road, Nungambakkam, Chennai 600 006.

6.The Assistant Foreigners' Regional Registration Officer(FRRO), Chennai International Airport, Chennai 600 027.

7.The Public Prosecutor, High Court, Madras.

+4 ccs to M/s.I.Abrar Md.Abdullah Advocate sr14498 CRL.O.P.No.4570 of 2021 aa11/03/2021