Marie Therese Anandi Vanina Rajarathinam v. Cheif Investigation Officer /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.06.2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No.10996 of 2022 Marie Therese Anandi Vanina Rajarathinam
...Petitioner
Versus
1.Chief Investigation Officer/ Dy. Superintendent of Police.
Idol Wing CID, Hqrs.
Guindy, Chennai 600 032.
2.The Deputy Superintendent of Police, Idol Wing CID, Hqrs.
Guindy, Chennai 600 032.
3.The Chief Immigration Officer, Shastri Bhavan, Nungambakkam, Chennai-600 006.
...Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus to i) direct the respondents 1, 2 & 3 to not to restrain the petitioner in Airport and to follow the order dated 25.02.2021 in W.P.No.18562 of 2020 by keeping the Look Out Circular in abeyance ii) to direct the 2nd respondent to consider her E-mail representation dated 28.02.2022 and permit the petitioner to report on a different date for this year.
For Petitioner : M/s.R.Udhayakumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
This writ petition has been filed to direct the respondents 1, 2 and 3 not to restrain the petitioner in the Airport and to follow the order dated 25.02.2021 in W.P.18562 of 2020 by keeping the Look Out Circular in abeyance and also to consider
the e-mail representation of the petitioner dated 28.02.2022 and permit her to report before the respondent police on a different date for this year.
2.Learned counsel for the petitioner would submit that due to the Covid-19 lockdown, she could not appear before the respondent police as per the previous order and now she is ready to appear before the respondent police on any date fixed by this Court.
3.Mr A.Gokulakrishnan, learned Additional Public Prosecutor submitted that if the petitioner appears on the date fixed by this Court, they will keep the look out circular in abeyance.
4. This Court vide order dated 25.02.2021 in W.P.No.18562 of 2020 has issued the following directions;
9. In view of the above, this Court is inclined to dispose of this writ petition with the following directions:
a) The 1st and 2nd respondents are directed to inform the 3rd respondent to keep the Look Out Circular in abeyance. It is left open to the respondent police to extend the Look Out Circular, but however, the implementation of the same shall be kept in abeyance.
b) The petitioner can be reached by the respondent police as and when required during the course of investigation by calling her in her land line number or mobile number and the petitioner shall co-operate during the course of investigation.
c) The petitioner is directed to report before the 2nd respondent on the 1st working day of march every year pending the investigation.
d) If the investigation is completed and final report is filed by including the name of the petitioner as an accused and any summon is issued to the petitioner, the petitioner shall be present before the concerned Court on the date of hearing and e) If the petitioner fails to comply with any of the conditions imposed by this Court, it is left open to the 1st and 2nd respondents to revive the Look Out Circular against the petitioner. Consequently, connected miscellaneous petitions are
closed. No costs.
5.The petitioner is permitted to appear before the respondent police on 15.06.2022. On such appearance, the respondent police shall follow the directions passed by this Court.
6.With the above directions, this Writ Petition is disposed of.
Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ksa-2/nr To 1.Chief Investigation Officer/ Dy.Superintendent of Police.
Idol Wing CID, Hqrs.
Guindy, Chennai 600 032.
2.The Deputy Superintendent of Police, Idol Wing CID, Hqrs.
Guindy, Chennai 600 032.
3.The Chief Immigration Officer, Shastri Bhavan, Nungambakkam, Chennai-600 006.
4.The Public Prosecutor High Court, Madras.
+1cc to Mr.R.Udhayakumar, Advocate, S.R.No. 32812 W.P.No.10996 of 2022 JPL(CO) GN(13/06/2022)