M.Boobalamurugan v. State By The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.20389 of 2023 and WMP No.19750 of 2023 Mr.M.Boobalamurugan ... Petitioner vs.
1.State by The Deputy Commissioner of Police Law and Order, Tambaram Commissionerate Tambaram, Chennai-600045.
2.The Home Secretary Ministry of Home Affairs North Block, New Delhi-11001.
3.Union of India, rep.by its Secretary Through Bureau of Immigration East Block-VIII, Level-V Sector-1, Rama Krishnapuram New Delhi-110001.
4.The Inspector of Police W.35, All Women Police Station Tambaram.
... Respondents (R4 suo motu impleaded vide order dt.11.7.2023 made in WP.20389/2023 by NAVJ) Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to to call for the records pertaining to
impugned LOC dated 01.11.2022 No.1/SIC(ACK)/LOC/2022-13544 on the file of the third respondent and quash the same. For Petitioner : Mr.P.Sidharthan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1, R4 Mr.K.S.Jeya Ganeshan Senior Panel Counsel for R2, R3
O R D E R
This writ petition has been filed challenging the impugned LOC dated 01.11.2022, issued by the 3rd respondent pursuant to the request made by the 4th respondent.
2.An FIR came to be registered in Crime No.4 of 2021 and the petitioner and his brother-in-law were arrayed as accused. The FIR was registered for offence u/s 12 and 17 of the POCSO Act, 2012 r/w Section 67 of the Information Technology Act, 2000. The allegation is that the petitioner had shown obscene videos to the victim girl, who is none other than his daughter. This complaint was given by the wife of the petitioner and the mother of the victim child.
3.The petitioner was arrested and remanded to judicial custody on 27.03.2023. He moved a bail application before this Court in Crl.OP.No.10761 of 2023. This Court took into consideration the earlier order passed in Crl.OP.No.5444 of 2022, dated 09.3.2022, filed by the brother-in-law (A2) and enlarged the petitioner on bail by imposing certain conditions.
4.When the matter came up for hearing on 4.7.2023, this Court passed the following order:
Mr.A.Damodaran, learned Additional Public Prosecutor takes notice on behalf of the 1 st respondent. The learned counsel for the petitioner shall serve notice in the office of the Additional solicitor General in order to depute a Central Government Standing counsel to represent the respondents 2 and 3.
2. This Court has taken into consideration the earlier bail order passed in CRL MP No.5444 of 2022 dated 09.03.2022and Crl OP No.10761 of 2023 dated 10.05.202, where a very damaging observation has been made as against the defacto complainant in the case. In view of the same, a status report has to be filed by the Inspector of Police, W35, All women police station, Tambaram. The inspector of police, W35, All women police station, Tambaram, is suo-motu added as the 4 th respondent in this writ petition and the learned
Additional Public Prosecutor, shall take notice on behalf of the impleaded 4th respondent.
3. Post this writ petition under the caption for passing further orders on 26.07.2023.
5.When the matter was taken up for hearing today, the Deputy Commissioner of Police , Law and Order, Tambaram Commissionerate, filed a status report. It is mentioned in the status report that the 164 Cr.PC., statement was recorded from the victim child on 01.07.2023 and the look-out circular was also issued to the petitioner since the petitioner was not cooperating for the investigation. It is stated that the petitioner was absconding from 17.11.2021 and he was secured in Delhi Airport only on 30.3.2023. Thereafter, the petitioner was arrested and remanded to judicial custody. The police have raised an apprehension that if the LOC is withdrawn the petitioner will once again abscond to USA and it will unnecessarily cause delay in the progress of the trial.
In the status report, it is stated that the criminal prosecution involves a serious offence and hence, the petitioner should not be permitted to move out of India till the completion of the proceedings. 6.
period of two weeks.
7.The learned counsel for the petitioner submitted that the petitioner has to travel to USA on 29th July on a three month project and that on the completion of the project, he will return back. The learned counsel further submitted that the petitioner has initiated divorce proceedings in HMOP.No.47 of 2021, before the Sub Court, Mettupalayam and hence, the petitioner will come back to conduct the proceedings. 8.Taking into consideration the facts and circumstances of the case and also of the fact that the investigation has already been completed and the final report is going to be filed shortly and also of the fact that the petitioner is going on a three month project abroad, this Court is inclined to dispose of the writ petition with the following directions:
(a) The petitioner shall appear before the 4th respondent and shall give his sworn affidavit by giving the details of his travel plan and his contact number and address and shall also undertake as to when the petitioner will return back to India.
(b) The 4th respondent shall act upon the said sworn affidavit and
shall take immediate steps to inform the 3rd respondent to keep the LOC in abeyance.
(c ) The petitioner after returning back on completion of the project after three months, shall report before the 4th respondent police and confirm his return back to India.
(d) The 4th respondent shall file the final report in Crime No.24 of 2021, within a period of two weeks from the date of receipt of copy of the order before the concerned jurisdictional Court. and ; (e) If the petitioner goes back on his undertaking, the respondent police shall inform the same to the 3rd respondent and the LOC shall be revived in order to secure the petitioner.
No costs. Consequently, connected miscellaneous petition is closed. 26.07.2023 2/2 Internet: Yes Index : Yes/No KP Note: Issue order copy on 28.07.2023
To 1.The Deputy Commissioner of Police Law and Order, Tambaram Commissionerate Tambaram, Chennai-600045.
2.The Home Secretary Ministry of Home Affairs North Block, New Delhi-11001.
3.Union of India, rep.by its Secretary Through Bureau of Immigration East Block-VIII, Level-V Sector-1, Rama Krishnapuram New Delhi-110001.
4.The Inspector of Police W.35, All Women Police Station Tambaram.
5.Public Prosecutor High Court, Madras.
N. ANAND VENKATESH, J.
KP W.P No.20389 of 2023 and WMP No.19750 of 2023 26.07.2023