P.Balasubramaniam v. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No,15986 of 2025 P.Balasubramaniam ... Petitioner Vs

1. Commissioner, Bureau of Immigration, East Block-VIII, Level-V, Sector-1, R.K.Puram, New Delhi - 110 066.

2. State Rep. by Inspector of Police, Chengalpattu Town Police Station, Chengalpattu.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, to withdraw the Look Out Circular issued against the petitioner in connection with the alleged offence in Crime No.10 of 2025 on the file of the Inspector of Police, Chengalpattu Town Police Station, Chengalpattu, the second respondent herein.

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For Petitioner : Mr.R.Rajan For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R2

O R D E R

This Writ Petition has been filed challenging the Look Out Circular issued against the petitioner in pursuance of the registration of the First Information Report in Crime No.10 of 2025 on the file of the second respondent herein.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the second respondent and perused the materials available on record.

3. The petitioner is arrayed as A-12 in Crime No.10 of 2025. At the time of registration of the First Information Report, the petitioner was abroad. However, he obtained anticipatory bail and also filed a Writ Petition before this Court in W.P.No.6879 of 2025 through his wife challenging the Look Out Circular issued against the petitioner. 2/6

4. This Court, by order dated 07.03.2025 in W.P.No.6879 of 2025, issued the following directions:- "6. In view of the above facts and circumstances, this Court is inclined to issue the following directions :- (i) The look out circular issued as against the petitioner's husband on the file of the first respondent shall be kept in abeyance for the period of four weeks from today. (ii) The petitioner's husband shall come to India and execute sureties as directed by this Court in Crl.O.P.No.2276 of 2025 within a period of four weeks from today and to appear before the second respondent to comply the conditions imposed by this Court while granting anticipatory bail in Crl.O.P.No.2276 of 2025 and co-operate for investigation.

(iii) If the petitioner's husband fails to comply the conditions within a period of four weeks, the look out circular issued as against the petitioner's husband will come into force and the respondents are at liberty to execute the look out circular as against the petitioner's husband."

5. Therefore, the petitioner came down to India and complied with the conditions imposed by this Court. Now, the investigation is pending 3/6

in Crime No.10 of 2025. Till the completion of the investigation, the Look Out Circular cannot be withdrawn, and as such, the prayer sought in this Writ Petition cannot be considered and is liable to be dismissed.

6. Accordingly, this Writ Petition is dismissed. However, the second respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. After completion of the investigation, the petitioner can visit abroad, that too after filing an undertaking affidavit before the second respondent stating all details of visiting abroad. Consequently, the connected Miscellaneous Petition is closed. No costs.

22.04.2025 Index:Yes/No kv To

1. The Commissioner, 4/6

Bureau of Immigration, East Block-VIII, Level-V, Sector-1, R.K.Puram, New Delhi - 110 066.

2. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu.

3. The Public Prosecutor, High Court of Madras, Chennai.

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G.K.ILANTHIRAIYAN, J.

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