Loganathan, Age 37 Years, v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.16193 of 2016 Logananth ...

Petitioner Vs

1. The Superintendent of Police, Nilgiris, Ooty.

2. The Inspector of Police, All Women Police Station, Coonoor, Nilgiris District.

3. The Chief Immigration Officer, Shastri Bhavan Annexe Bldgs, No.26, Haddows Road, Nungambakkam, Chennai - 6. ...

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 him and not preventing him for travelling abroad in any immigration (entry or exit) Point in India with his passport No.Z2243120 in Crime No.2 of 2010, All Women Police Station, Coonoor. For Petitioner : Mr.V.Vasanthakumar For Respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

The criminal original petition has been filed seeking a direction to the respondents to withdraw the Look Out Circular issued against the petitioner and not preventing him for travelling abroad in any immigration (entry or exit) Point in India with his passport No.Z2243120 in Crime No.2 of 2010 on the file of the second respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public prosecutor appearing for the respondents.

3. On a complaint given by one Helen Margrate, the 2nd Respondent police registered a case in Crime No.02/2010 for offences under Sections 120(B), 323, 354, 376, 420, 493 and 506 (ii) IPC, it was later altered to 417 IPC r/w 109 IPC against Loganathan and nine others.

4. It appears that a Look Out Circular was issued by the respondent police, on account of which, when Loganathan departed from country, he was stopped by the immigration authorities at Bangalore Airport on 10.07.2016. Thereafter, loganathan was released on bail in Crl.M.P.No.1636 of 2010 in Crime No.2 of 2010 by the Judicial Magistrate, Coonoor, on 11.07.2016 on his executing a bond for a sum of Rs.5,000/- with two sureties. Under such circumstances, this Court is of the view that this is not a fit case, in which, the Look Out Circular should continue.

In the result, this criminal original petition is allowed and the respondents are directed to withdraw the look out circular within a period of two weeks from the date of receipt of a copy of this order.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Judicial Magistrate Coonor

2. The Superintendent of Police, Nilgiris, Ooty.

3. The Inspector of Police, All Women Police Station, Coonoor, Nilgiris District.

4. The Chief Immigration Officer, Shastri Bhavan Annexe Bldgs, No.26, Haddows Road, Nungambakkam, Chennai - 6.

5. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.Vasanthakumar Advocate sr.46091 Crl.OP.No.16193 of 2016 aa18/08/2016