← Library
Madras High CourtCRL RC/2408/2024disposed of

Jackson Nesakumar v. The State Rep By

2025-04-22Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.2408 of 2024 Jackson Nesakumar S/o.Jeyabalan ... Petitioner ..vs..

1.

The State represented by Inspector of Police, Cyber Crime Police Station, Tiruvallur, Crime No.48 of 2022.

2.

The Regional Passport Officer, Corporation Shopping Complex, Avinashi Road, Gopalapuram, Coimbatore - 641 018.

... Respondents [R2 suo motu impleaded as per order dated 22.01.2025 in Crl.R.C.No.2408 of 2024] Criminal Revision Petition filed under Sections 438 read with 442 BNSS, 2023, to set aside the order dated 14.05.2024 made in Crl.M.P.No.2546 of 2024 on the file of the Judicial Magistrate No.II, Thiruvallur (FAC) and to allow the above Criminal Revision Petition and thereby permitting the petitioner to travel abroad. Page No.1/6

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.S.Sugendran Additional Public Prosecutor for R1 Mr.V.Ashok Kumar Central Government Standing Counsel for R2

O R D E R

This Criminal Revision Petition is filed against the order dated 14.05.2024 made in Crl.M.P.No.2546 of 2024 on the file of the Judicial Magistrate No.II, Thiruvallur (FAC) and thereby, permitting the petitioner to travel abroad.

2. According to the petitioner, one Moorthy lodged a complaint before the respondent-Police alleging that he got acquainted with one unknown person through Whatsapp, who eventually persuaded him to do online trading and made him to invest money to the tune of Rs.84,51,000/- and the same was not re-paid despite his request and that the respondent-Police registered a case in Crime No.48 of 2022. Pursuant to the registration of the case, one Saravanan was arrested and based on Page No.2/6

his confession, when the respondent-police tried to implicate the petitioner in the above case, the petitioner filed anticipatory bail petition before this Court and obtained anticipatory bail. While that being so, it came to the knowledge of the petitioner that the respondent-Police have issued Look-Out Notice against him. It is further submitted that the petitioner is a businessman involved in the business of Exports and Imports, which requires travelling abroad frequently. The issuance of Look Out Notice against him stands as a hindrance in order to eke out his livelihood. Hence, the petitioner made several requests to respondents to revoke the said notice and the same has not been considered. Subsequently, the petitioner filed a writ petition in W.P.No.

6249 of 2023 seeking a direction to the respondents to revoke the said Look Out Notice and this Court disposed of the writ petition, granting liberty to the petitioner to approach the trial Court for his remedy. While that being so, the petitioner filed a petition invoking Section 6(2) of The Passports Act, 1967 in Crl.M.P.No.2546 of 2024, before the Additional Mahila Court, Tiruvallur and the learned Magistrate, vide order dated 14.05.2024 Page No.

dismissed the said petition. Challenging the same, the present petition has been filed by the petitioner.

3. Heard both sides and perused the materials available on record.

4. It is seen from the records that the F.I.R., is pending from the year 2022 but there is no progress in the investigation. However, considering the public money involved in this case, the petitioner is directed to deposit a sum Rs.15 lakhs in Crime No.48 of 2022 before the Court below. On such deposit, Look Out Notice can be temporarily suspended and the petitioner may be permitted to travel abroad for his business for a period of two months from the date of deposit of aforesaid amount.

5. Further, the petitioner is directed to file an affidavit before the Court below indicating his permanent address and present address and also directed to file his movement report, once in 10 days through online before the Court below.

Page No.4/6

6. With the above directions, this Criminal Revision Petition is disposed of.

22.04.2025 Note : Issue Order Copy on 23.04.2025 Index: Yes/No Speaking Order/Non Speaking Order ms To

1. The Judicial Magistrate No.II, Thiruvallur (FAC).

2. The Inspector of Police, Cyber Crime Police Station, Tiruvallur.

3. The Regional Passport Officer, Corporation Shopping Complex, Avinashi Road, Gopalapuram, Coimbatore - 641 018.

4. The Public Prosecutor, High Court, Madras.

Page No.5/6

P.VELMURUGAN, J.

ms 22.04.2025 Page No.6/6