Ethiraj, 60 Years v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.2986 of 2017 Ethiraj [ Petitioner ] Vs 1.The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai-600 007.

2.The Inspector of Police, Central Crime Branch, Battalion 9-A, Vepery, Chennai-600 007.

(Crime No.427 of 2015) 3.P.Arokyaraj (R-3 impleaded as per the order of this Court dated 15.03.2017 in Crl.M.P.No.3936/2017 in Crl.O.P.No.2986/2017).

[Respondents] Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondent to recall the look-out notice / circular issued to the Emigration authorities in Chennai Airport and all other Airports in FIR No.427/2015 issued by the Inspector of Police, Central Crime Branch, Battalion 9-A, Vepery, Chennai-600 007.

For Petitioner : Mr.K.Krishnan For RespondentS: Mr.C.Emalias, Additional Public Prosecutor for R1&R2 Mr.R.Karunakaran for R3

O R D E R

This Criminal Original Petition has been filed to recall the look-out notice / circular issued to the Emigration authorities in Chennai Airport and all other Airports in FIR No.427/2015 issued by the Inspector of Police, Central Crime Branch, Battalion 9-A, Vepery, Chennai-600 007, in respect of the petitioner.

2.This Court earlier directed the petitioner to impleaded the necessary party and accordingly the third respondent was impleaded.

3.The petitioner states that the de facto complainant made a false complaint against the petitioner to the second respondent, suppressing the actual facts and the second respondent was also in turn, registered the case in FIR No.427 of 2015. Subsequently, the petitioner was arrested on 25.02.2016. He filed a Criminal Original Petition in Crl.O.P.No.6795 of 2016 before this Court seeking bail on condition that he will deposit a sum of Rs.10 lakhs, and the bail was also granted. While so, the second respondent has issued the impugned look-out circular and due to the same, the petitioner is unable to go abroad for the purpose of his company work. Hence this petition.

4.Mr.C.Emalias, learned Additional Public Prosecutor, took notice for the respondents 1 and 2.

5.It is seen that the petitioner has given a representation dated dated 01.02.2017 to the respondents 1 and 2 herein, in this regard. Hence, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 01.02.2017 and pass appropriate orders on merits and in accordance with law, after giving opportunity to the third respondent, within a period of three weeks from the date of receipt of a copy of this order.

6.The Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar KM To 1.The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai-600 007.

2.The Inspector of Police, Central Crime Branch, Battalion 9-A, Vepery, Chennai-600 007.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/S.K.Krishnan, Advocate Sr.17865 Crl.O.P.No.2986 of 2017 vd [co] srg 03/04/2017