S. Thangayesubaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR S.Thangayesubaran .. Petitioner Vs

1. The Superintendent of Police Kannyakumari District

2. The Inspector of Police District Crime Branch Kannayakumari District 3.Radhakrishnan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 and 2 to take necessary steps to issue lookout Notice against the accused No.1, in the CC.No. 436 of 2023, on the file of learned judicial Magistrate No.1, Nagarcoil, within stipulated time may be fixed by this Court, based on the petitioners representation dated 23-11-2024 1/5

For Petitioner : Mr.S.Suresh Kumar For Respondents : Mr.A.Thiruvadikumar No.1 and 2 Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to take necessary steps to issue lookout Notice against the accused No.1, in the CC.No. 436 of 2023, on the file of learned judicial Magistrate No. 1, Nagarcoil, within the time fixed by this Court, based on the petitioner's representation dated 23.11.2024.

2. The contention of the petitioner is that the petitioner is the owner of lorry and JCB and used to hire vehicles and make arrangement by hire charges. One Radhakrishnan had taken away the petitioner's vehicle and misappropriated and cheated the petitioner to the tune of Rs.6,80,000/- Hence he had lodged a complaint . During investigation the accused was not arrested and the vehicle was not secured and seized. Now investigation has been completed and absconding charge sheet has been filed in C.C. No. 436 of 2023 before the learned Judicial Magistrate No.I, Nagercoil against Radhakrishnan, Ramadhas, Santhiya and Alexsander for the offences under Sections 2/5

406,420 and 120(B) of IPC. Except for Radhakrishnan other accused have been shown as absconding accused. Further it is seen that A1 has now left India and hence seeks the police to issue Look Out Circular against A1.

3. The learned Additional Public Prosecutor submitted that in this case after registration of the case in Crime No.9 of 2022 the respondent police completed investigation and final absconding charge sheet against four persons and the same was taken on file in C.C. C.C. No. 436 of 2023 by the learned Judicial Magistrate No.I, Nagercoil . Further A1 had obtained bail and the other accused were shown as absconding accused. Now the respondent police is taking steps to obtain warrant against the absconding accused and taking steps to execute the same. With regard to the issuance of Look Out Circular against A1, since investigation has been completed it is for the Court to issue such notice and thereafter appropriate action would be taken.

4. In view of the same, this Court directs the trial Court to take appropriate steps and coercive action against the absconding accused. In 3/5

the event of finding A1 is absconding proper direction may be issued to the Immigration authorities through the concerned Superintendent of Police to issue Look Out Circular.

5. With the above direction the Writ Petition stands disposed of. No costs.

20.01.2025 Index: Yes/No Internet : Yes/No aav To

1. The Superintendent of Police Kannyakumari District

2. The Inspector of Police District Crime Branch Kannayakumari District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

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