Mr.Rajkumarshanmugam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.16060 of 2015 Rajkumar Shanmugam .. Petitioner Vs.

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2.The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai.

3.Inspector of Police, Central Crime Branch EDF Wing (Team - II) Vepary, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent police to withdraw, revoke and lift the Look-out Circular notice No.2015405093 issued by the 2nd respondent police against the petitioner dated 28.03.2015 in Crime No.82/2015, dated 25.02.2015 and consequently direct the 2nd respondent to communicate the order of lifting of travel restriction imposed in pursuant of Look-out Circular notice No.2015405093 to the direct the Chief Immigration officer, No.28, Shasthri Bhavan Annexe, Haddows Road, Chennai. For Petitioner :Mr.S.Shankar For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the 2nd respondent police to withdraw, revoke and lift the Look-out Circular notice No.2015405093 issued by the 2nd respondent police against the petitioner dated 28.03.2015 in Crime No.82/2015, dated 25.02.2015 and consequently direct the 2nd respondent to communicate the order of lifting of travel restriction imposed in pursuant of Look-out Circular notice No.2015405093 to the direct the Chief Immigration officer, No.28, Shasthri Bhavan Annexe, Haddows Road, Chennai.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the material placed on record.

3. It is seen that on a complaint given by one Punitha Prabakharan, the respondent has registered a case in X.Crime No.82 of 2015 on 25.02.2015 for offence under Sections 406 & 420 IPC against this petitioner and two others.

4. The crux of the allegation in the complaint is that the father of this petitioner had supplied granites to the defacto complaint for the purpose of exporting the same to Poland and in that transaction, there are arrears of some amounts due from the father of the petitioner to the defacto complaint. It is seen that all the three accused in this case have been granted Anticipatory Bail by this Court in Crl.O.P.No.12483 and 12487 of 2015 on 05.06.2015 on the following conditions. " Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Chief Matropolitan Magistrate, Egmore, Chennai, within a period of 15 days from the date of receipt of a copy of this order, on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation".

5. After the registration of FIR, the respondent police have issued a look-out notice to the immigration authorities for preventing the exit of the petitioner from India. Now, in view of the order of Anticipatory Bail granted by this Court, it is not necessary for look out notice to continue further. The petitioner is directed to co-operate with the enquiry and comply with the conditions imposed by this Court while granting Anticipatory Bail by appearing before the respondent police as and when required for interrogation. The second respondent police is directed to withdraw the look out notice immediately issued against the petitioner.

In view of the above, this criminal original petition is allowed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar

sms To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2.The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai.

3.Inspector of Police, Central Crime Branch EDF Wing (Team - II) Vepary, Chennai.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.16060 of 2015 ppa(co) kra(31/07)