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Madras High CourtCRL OP(MD)/1386/2023disposed of

Anandakumar v. The Superintendent Of Police

2023-02-09Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Anandakumar ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanajvur.

2.The Inspector of Police, Madukkur Police Station, Thanjavur, Thanjavur District.

3.The Chief Immigration Officer, No.26, Sastry Bhavan, Haddows Road, Nungambakkam Airport, Nungambakkam, Chennai 600 006.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents herein to withdraw the Look Out Circular issued as against the petitioner in connection with the Crime No.169 of 2022 on the file of the second respondent Police on the basis of the petitioner's representation, dated 10.01.2023 within the time stipulated by this Court.

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For Petitioner : Mr.B.Jameel Arasu For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl. Side) For R3 : Mr.V.Malaiyendran,

ORDER

This Criminal Original Petition filed, invoking Section 482 Cr.P.C., seeking orders, to direct the respondents herein to withdraw the Look Out Circular issued as against the petitioner in connection with the Crime No.169 of 2022 on the file of the second respondent Police on the basis of the petitioner's representation, dated 10.01.2023 within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner would submit that on the basis of the compliant given by the complainant, FIR came to be registered for the offence under Sections 294(b), 427, 324 and 307 IPC. He would further submit that the petitioner was working at Singapore and when he came to India he was arrested and remanded to judicial custody, based on the Look Out Circular issued by the 2/6

respondent police in connection with case in Crime No.169 of 2022, that thereafter, he came out on bail and that therefore, the first respondent ought to have withdrawn the Look Out Circular as the purpose was over and the same got already lapsed, on the expiry of one year period from the date of issuance and that though the petitioner has already sent the representation dated 10.01.2023, no action has been taken. Hence, he seeks to quash the Look Out Circular issued against him.

3. The learned Government Advocate (Crl. Side) appearing for the respondents police submitted that the Look Out Circular was issued as against the petitioner and the same was not withdrawn.

4. The learned counsel appearing for the third respondent submitted that so far he has not received any intimation from the respondent police for withdrawing the Look Out Circular against the petitioner.

5. It is evident from the records that there existed money transaction dispute between one Thangavel and the Petitioner herein, for 3/6

which the said Thangavel gave a complaint against the petitioner on 02.05.2022 and a case has been registered in Crime No.169 of 2022 for the offences under Sections 249(b), 427, 324 and 307 IPC by the second respondent police. It is further evident from the records that the petitioner was living at Singapore and when he came to India, he was arrested and remanded to judicial custody in pursuance of the Look Out Circular issued by the respondent police. The Look Out Circular issued against the petitioner is only for the purpose of securing the accused in connection with the case in Crime No. 169 of 2022. As already pointed out, he was already arrested and remanded to judicial custody and he came out on bail. Therefore, the very purpose of/ object of Look Out Circular to make him available for interregnum during the trial is completed. Now, the petitioner is appearing before the trial Court and he has also given an undertaking that he will be available for trial.

6. Under these circumstances, the Look Out Circular issued by the first respondent police against the petitioner need not be continued and hence, the same is hereby quashed.

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7. Accordingly, the Criminal Original Petition is allowed. 09.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das To 1.The Superintendent of Police, Thanjavur District, Thanajvur.

2.The Inspector of Police, Madukkur Police Station, Thanjavur, Thanjavur District.

3.The Chief Immigration Officer, No.26, Sastry Bhavan, Haddows Road, Nungambakkam Airport, Nungambakkam, Chennai 600 006.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 09.02.2023 6/6