S.Nandha Kumar v. Bureau Of Immigration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.13446 & 13540 of 2025 Crl.O.P.No.13446 of 2025 S.Nanda Kumar ....
Petitioner Vs
1. Bureau of Immigration,
2. The Deputy Commissioner of Police, Anna Nagar, Chennai - 600 040.
....
Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order recalling the lookout circular issued against the petitioner by the first respondent letter/memo No.CNO.239/DC AN/CAMP/2024 dated 09.08.2024. Crl.O.P.No.13540 of 2025 S.Nanda Kumar ....
Petitioner Vs
1. Bureau of Immigration,
2. The Superintendent of Police, Dharmapuri District.
....
Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order recalling the lookout circular issued against the petitioner by the second respondent as reported before the Chief Judicial Magistrate, Dharmapuri in PRC No.22 of 2023 on 23.04.2025.
(In both Crl.O.Ps) For Petitioner : Mr.V.Ramamurthy For R2 : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
These Criminal Original Petitions have been filed seeking a direction to recall the Lookout Circular issued as against the petitioner, pursuant to the registration of the FIR in Crime Nos.100 of 2024 on the file of the second respondent.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the second respondent. Perused the materials available on record.
3. It is seen that the petitioner is residing abroad and did not cooperate with the investigation conducted by the Inspector of Police, D5 Police Station, Tirumangalam, Chennai. Therefore, the petitioner was issued lookout circular, which is pending. The petitioner was already arrested pursuant to the registration of the FIR in Crime No.100 of 2024. After completion of investigation, a final report was filed and cognizance was taken in C.C.No.100 of 2024 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai. Subsequently, though the petitioner was granted bail, he failed to comply with the conditions imposed. Therefore, this Court, by an order dated 11.07.2024 in Crl.M.P.NO.10697 of 2024, cancelled the bail granted to the petitioner and also directed the respondent police to secure the petitioner.
4. Pursuant to the said order, the Lookout Circular was issued, which is pending. The petitioner is presently residing abroad. Challenging the order passed by this Court, the petitioner preferred an appeal before the Hon'ble Supreme Court of India. The Hon'ble Supreme Court India, by an order dated 15.04.2025, dismissed the appeal and directed the petitioner to surrender before the Trial Court and move an application for bail, which shall be considered on merits and in
accordance with law, most expeditiously. Since the Lookout Circular is still in force, the petitioner has approached this Court seeking cancellation of the same. However, if the petitioner enters India, he will be taken into custody and at that stage, he shall file an application for bail before the Trial Court as directed by the Hon'ble Supreme Court of India.
5. In view of the above discussions, this Court is not inclined to set aside the Lookout Circular issued against the petitioner. Accordingly, both the Criminal Original Petitions are dismissed. 29.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The XIII Metropolitan Magistrate, Egmore, Chennai.
2. Bureau of Immigration,
3. The Deputy Commissioner of Police, Anna Nagar, Chennai - 600 040.
4. The Superintendent of Police, Dharmapuri District.
5.The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.Nos.13446 & 13540 of 2025 29.04.2025