Madras High CourtCRL OP(MD)/513/2025disposed of

Velmurugan v. The State Of Tamil Nadu,

2025-01-29Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Velmurugan ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Sivagangai, Sivagangai District.

2. The Chief Immigration Authority, Shastri Bhavan, Bureau of Immigration, No.26, Haddows Road, Nungambakkam, Chennai.

3. The Regional Passport Officer, Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai-625002.

4. The Inspector of Police, District Crime Branch, Sivagangai, Crime No. 18 of 2021.

... Respondents 1/5

Prayer: Criminal Original Petition filed under section 528 of BNSS to direct the respondents to withdraw the Look Out Circular (LOC) issued against the petitioners passport bearing Passport No.X7681157 forthwith in connection with case in C.C. No. 744 of 2022 on the file of the learned Judicial Magistrate No.II, Sivagangai.

For Petitioner : Mr. J.Senthil Kumaraiah For Respondent : Mr.K.Sanjai Gandhi (R1&R4) Government Advocate (Crl.Side) Mr.V.Govindarajan (R2,R3) Deputy Solicitor General of India

O R D E R

This Criminal Original petition has been filed to withdraw the Look Out Circular (LOC) issued against the petitioner's passport bearing Passport No.X7681157 forthwith in connection with case in C.C. No. 744 of 2022 on the file of the learned Judicial Magistrate No.II, Sivagangai.

2. The petitioner, who is arrayed as A5 is facing trial in CC No. 744 of 2022, registered for the offence punishable under sections 406, 468, 471, 420, 120(b) r/w Section 34 of IPC had filed this petition seeking to withdraw LOC in connection with Passport No. X7681157, so that, the petitioner can travel without any restriction, since he is an 2/5

employee in Saudi Arabia. The petitioner in this case had obtained bail and thereafter, regularly appearing before the trial Court for trial. This Court in Crl.O.P(MD) No. 21347 of 2024 had granted interim stay. In view of the above, immediate removal of LOC is required to travel for his work. He is planning to return to Saudhi Arabia on 04.02.2025. 3.The learned Government Advocate (Crl.Side) appearing for respondent police 1 and 4 submitted that since the investigation has been completed and the charge sheet was also filed, there is no requirement for LOC against the petitioner, the 4th respondent has already submitted a letter to the 1st respondent for withdrawal of LOC. If LOC is required during the trial, the respondent police get appropriate orders from the trial Court.

4.In view of the above, this Court hereby direct the first respondent / Superintendent of Police, Sivagangai to issue necessary instructions for removal of LOC to the second respondent, who in turn, immediately pass necessary orders for removal of LOC against the petitioner. The entire exercise should be completed on or before 04.02.2025, so that, the petitioner can save his employment. 3/5

5.With the above directions, this Criminal Original Petition stands disposed of.

29.01.2025 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Note: Issue order copy on 31.01.2025 PNM To 1.The the Superintendent of Police, Sivagangai, Sivagangai District.

2. The Chief Immigration Authority, Shastri Bhavan, Bureau of Immigration, No.26, Haddows Road, Nungambakkam, Chennai.

3. The Regional Passport Officer, Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai-625002.

4. The Inspector of Police, District Crime Branch, Sivagangai, Crime No. 18 of 2021.

5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai 4/5

M. NIRMAL KUMAR, J.

PNM ORDER IN Crl.O.P(MD) No. 513 of 2025 29.01.2025 5/5