Murali v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Murali.

... Petitioner /versus/ State Represented by

1. The Inspector of Police, Tirupathur District.

2. The Deputy Superintendent of Police, Vaniyambadi Sub-Division, Tirupathur District.

3. The Inspector of Police, Vaniyampadi All Women Police Station, Vaniyampadi, Tirupathur District.

4. The Assistant Director/SIC, Bureau of Immigration, East Block-VIII, Level-5, R.K.Puram, Section - I, New Delhi - 110 066.

... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the respondents to recall the look out circular issued against the petitioner in connection with the Crime No.5 of 2023 pending on the file of the 3rd respondent and pass orders.

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For Petitioner : Ms.D.Bennington For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

O R D E R

The petitioner herein is the 1st accused in Crime No.5 of 2023 registered and investigated by the respondent police on the complaint given by Sathya who is the wife of the petitioner. The other accused are the family members of the 1st accused and in-laws of the complainant. The complaint discloses offences under Section 498(A), 494, 354, 506(2) of I.P.C., Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The petitioner who is employed in Maldives has come to India after registration of the complaint which breakout due to matrimonial dispute. Since, the look out circular issued, the petitioner could not able to continue his work and the present petition is filed seeking direction to withdraw the look out circular.

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3. When the matter came up for consideration, the Learned Government Advocate (Crl.Side) for the respondents states that the investigation is pending and if look out circular is withdrawn, the petitioner may flee. Hence, the mater was adjourned for the petitioner to file an affidavit to ensure his appearance for enquiry and thereafter for the trial.

4. Today, the Learned Counsel for the petitioner has filed affidavit of the petitioner, signed at Chennai. The Learned Government Advocate (Crl.Side) for the respondent also submits that the investigation is completed and final report filed on 10.06.2024 and has been take on file by Judicial Magistrate-III, Tirupathur.

5. In the light of the above change in circumstances and facts, the petition to withdraw the look out circular is directed to be withdrawn. The petitioner herein shall furnish photocopy of his passport along with his place of stay at Maldives to the Investigating Officer. He shall attend the Court as and when he receives summon for his appearance. In the affidavit the petitioner has stated that he will be leaving India on 20.07.2024 and return back to India on 20.09.2024 and will be staying in Maldives at ADK Hospital, Sosun Magu, Male', Maldives. The petitioner herein soon after he reaches the Maldives shall 3/5

report his arrival to the Indian embassy along with his place of stay and before he leaves Maldives, he shall inform the embassy.

6. With the direction, the petition to withdraw the look out circular is hereby allowed. Accordingly, this Criminal Original Petition is allowed. 21.06.2024 Index : Yes/No.

: Yes/No.

bsm Copy to:-

1. The Inspector of Police, Tirupathur District.

2. The Deputy Superintendent of Police, Vaniyambadi Sub-Division, Tirupathur District.

3. The Inspector of Police, Vaniyampadi All Women Police Station, Vaniyampadi, Tirupathur District.

4. The Assistant Director/SIC, Bureau of Immigration, East Block-VIII, Level-5, R.K.Puram, Section - I, New Delhi - 110 066.

5. The Public Prosecutor, High Court, Madras. 4/5

Dr.G.JAYACHANDRAN, J.

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