Lakshan v. State Rep By Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15/06/2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.13377 OF 2022 Lakshan ... Petitioner Vs State rep. By The Deputy Superintendent of Police Q Branch CID P.S (City).

(Crime No. 1 of 2019) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the severe conditions imposed in point 2, Point 3 and point 4 in the bail order in Crl.M.P.No.71 of 2022 dated 5/5/2022 on the file of the Juvenile Justice Board, Coimbatore.

For petitioners ...

Mr.R.Prabakar For respondent ...

Mr.A.Gokulakrishnan Additional Public Prosecutor (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to set aside the conditions imposed in point Nos.2, 3 and 4 in the bail order in Crl.M.P.No.71 of 2022 dated 5/5/2022 on the file of the learned Juvenile Justice Board, Coimbatore.

2. Heard Mr.R.Prabakar, learned counsel appearing for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondent.

3. The learned counsel appearing for the petitioner submitted that though the respondent has registered a case in the above said crime number, no final report is filed till date.

4. The learned Additional Public Prosecutor appearing for the respondent Police, producing a copy of G.O.(1D) No.169, dated 12/5/2022, submitted that the petitioner shall not leave https://hcservices.ecourts.gov.in/hcservices/

the boundaries of Special Camp at Tiruchirapalli, without prior permission of the District Collector, Tiruchirapalli District.

5. G.O.(1D) No.169, Public (Foreignerss.II) Department dated 12/5/2022, reads as follows:- "In exercise of the powers conferred under Section 3 (2) (e) of the Foreigners Act, 1946 (Central Act XXXI of 1946) read with Notification of the Government of India, Ministry of Home Affairs, New Delhi, No.4/3/56-(1) F.I, dated the 19th April, 1958, for restricting the movement of Mr.Lakshan, S/o.Sivakumar, a Sri Lankan National in the State of Taml Nadu, the Governor of Tamil Nadu hereby orders that he shall reside in the Special Camp identified and located by the District Collector, Tiruchirapalli, in the event of his release from prison.

The said Sri Lankan National shall not leave the boundaries of Special Camp at Tiruchirapalli except with the prior permission of the District Collector, Tiruchirapalli District."

6. In such a view of the matter, it is well open to the petitioner to challenge the G.O. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mvs.

To

1. The Principal Magistrate, The Juvenile Justice Board, Coimbatore.

2. The Deputy Superintendent of Police Q Branch CID P.S (City).

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Prabakar, Advocate, S.R.No.35688 Crl.O.P.No.13377 of 2022 GPL(CO) RLP(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/