B.Manjula v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.7576 of 2025 B.Manjula ... Petitioner Vs.
1. The Commissioner, Bureau of Immigration, East Block-VIII, Level-V, Sector-1, R.K.Puram, New Delhi - 110 066.
2. The State Rep. by The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to withdraw the look out circular issued against the petitioner's husband in connection with the alleged offence in Crime No.10 of 2025 on the file of the Inspector of Police, Chengalpattu Town Police Station, Chengalpattu, the second respondent herein.
For Petitioner : Mr.C.Iyyaparaj For Mr.R.Rajan For Respondents For R1 : Mr.K.Subburanga Bharathi Central Government Standing Counsel For R2 : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
This writ petition has been filed for direction, directing the respondents to withdraw the look out circular issued as against the petitioner's husband in connection with the Crime No.10 of 2025 on the file of the second respondent.
2.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.
The petitioner's husband arrayed as A12 in Crime No.10 of 2025 on the file of the second respondent registered for the offences punishable under Section 318(4) of BNS and Sections 5 & 7(3) of the Lotteries Regulation Act, 1998. The allegation as against the petitioner's husband is that he along with other accused persons involved in selling of banned lotteries through cell phone. The petitioner's husband is implicated as accused on the confession statement of A11. A11 is
working under the petitioner's husband and he is next in command to Coimbatore Martin, who is the main accused in the illegal lottery network. On the instruction of the petitioner's husband, 11th accused supervises the firm run by A12 in the name of Orange PBLW 2025, in which about 134 employees were working and managing 400 plus whatsapp groups being operated by A12 carrying out the illegal lottery business across the State of Tamilnadu. They were also selling banned Kerala and Nagaland State lottery tickets to public through cell phone using around 400 plus whatsapp group in Tamilnadu. 4.
In pursuant to the registration of FIR, on the request made by the second respondent, look out circular was issued as against the petitioner's husband on the file of the first respondent and it is pending for execution. The petitioner's husband is right now in Dubai and also filed anticipatory bail petition before this Court in Crl.O.P.No2276 of 2025. This Court granted anticipatory bail by an order dated 30.01.2025 on certain conditions. One of the conditions is that, the petitioner's husband shall report before the second respondent herein every day at 10.30 a.m., until further orders. However, the petitioner's husband did not disclose about his whereabouts and obtained anticipatory bail.
5.
Now the learned counsel appearing for the petitioner submitted that the petitioner wants to return India and ready to appear before the second respondent, in order to comply the conditions imposed by this Court in Crl.O.P.No.2276 of 2025 dated 30.01.2025. He further submitted that he will come back within two weeks from today. 6.
In view of the above facts and circumstances, this Court is inclined to issue the following directions :- (i) The look out circular issued as against the petitioner's husband on the file of the first respondent shall be kept in abeyance for the period of four weeks from today.
(ii) The petitioner's husband shall come to India and execute sureties as directed by this Court in Crl.O.P.No.2276 of 2025 within a period of four weeks from today and to appear before the second respondent to comply the conditions imposed by this Court while granting anticipatory bail in Crl.O.P.No.2276 of 2025 and co-operate for investigation.
(iii) If the petitioner's husband fails to comply the conditions within a period of four weeks, the look out circular issued as against the
petitioner's husband will come into force and the respondents are at liberty to execute the look out circular as against the petitioner's husband. 7.
With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To
1. The Commissioner, Bureau of Immigration, East Block-VIII, Level-V, Sector-1, R.K.Puram, New Delhi - 110 066.
2. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu
3. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts W.M.P.No.7576 of 2025 07.03.2025