Srinivasa Reddy Bijjam, v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19740 of 2018 Srinivasa Reddy Bijjam .. Petitioner Vs 1.The Deputy Commissioner of Police, St. Thomas Mount Range, St. Thomas Mount, Chennai-16.

2.The Inspector of Police, All Women Police Station, Tambaram, Chennai.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in respect of Look Out Circular in connection with LOC No.2017416300 [Old Suspect S.R.No.174693] issued by the 1st respondent and direct the 1st respondent to issue instructions to the Chief Immigration Officer, Government of India, Chennai, to lift the Look Out Circular issued with respect to this petitioner with reference to Crime No.15 of 2017 registered by the 2nd respondent.

For Petitioner : Mr.V.Arunagiri For Respondent : Mrs.M.Prabhavathi, APP

O R D E R

This petition has been filed to direct the 1st respondent to lift the Look Out Circular No.2017416300 issued in Crime No.15 of 2017.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.On the complaint lodged by the petitioner's wife, the 2nd respondent registered a case in Crime No.15 of 2017 under Section 498[A], 406, 420 and 506[1] IPC against the petitioner and his family members. Admittedly, the petitioner who is an

Indian citizen, is working in Australia. In order to secure his presence, the respondents have issued Look Out Circular. The petitioner filed Crl.O.P.No.29195 of 2017 under Section 438 Cr.P.C. for anticipatory bail and this Court, by order dated 30.01.2018, granted the relief of anticipatory bail with certain conditions. The petitioner has complied the said conditions and had appeared before the respondent Police for a week. 4.Learned counsel for the petitioner submitted that the petitioner has to go and join duty in Australia, otherwise, he would lose his employment.

5.Today, Ms.S.Tamilselvi, WHC 36797, W-35 AWPS, Tambaram is present before this Court. On instruction, learned Additional Public Prosecutor submitted that the complainant herself is in Australia and that, she has taken citizenship of Australia. 6.In such view of the matter, this Court directs the respondent Police to immediately recall the Look Out Circular issued in crime No.15 of 2017. The petitioner shall furnish a photocopy of his passport to the respondent Police and to the Judicial Magistrate, Tambaram. The petitioner shall also give his e-mail id, mobile number and Australia address to the respondent Police and to the learned Judicial Magistrate, Tambaram. On a reading of the anticipatory bail order in Crl.O.P.No.29195 of 2017 dated 30.01.2018, it is seen that this Court has directed the petitioner to surrender before the VII Metropolitan Magistrate, George Town, Chennai. But, whereas, the FIR is pending on the file of the Judicial Magistrate, Tambaram.

7.Therefore, this Court directs the VII Metropolitan Magistrate, George Town, Chennai to take photocopies of the surrender applications and surety affidavits and send the original to the Judicial Magistrate, Tambaram within two weeks from the date of receipt of a copy of this order. With the above direction, this petition is allowed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate, Tambaram.

2.The VII Metropolitan Magistrate, George Town, Chennai 3.The Deputy Commissioner of Police, St. Thomas Mount Range, St. Thomas Mount, Chennai-16.

4.The Inspector of Police, All Women Police Station, Tambaram, Chennai.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Ashok Kumar, Advocate, S.R.No.55108 CRL.OP.No.19740 of 2018 SSV(CO) GSP(28/08/2018)