Madras High CourtWP(MD)/1405/2023disposed of

Mohan Prakash v. The Airports Authority Of India

2023-01-25Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD).No.1405 of 2023 and W.M.P(MD).No.1295 of 2023 Mohan Prakash, : Petitioner Vs

1. The Airports Authority of India, Rep. by its Chairman, Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi-110003

2. The Superintendent of Police, Theni District, Theni.

3. The Inspector of Police, All Women Police Station, Theni.

(FIR in Crime No.64 of 2022).

4. Vinothini, : Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 1/5

to 3 to withdraw the Look out Circular (LOC) against the petitioner and from preventing him for travelling abroad and detaining and arresting him in any immigration (entry or exit) point in India and interfering with his freedom of movement within or without.

For Petitioner : Mr.P.M.Vishnuvarthanan For R1 : Mr.C.Godwin For R2 & R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R4 : Mr.A.Arputharaj

ORDER

This writ petition has been filed in the nature of Mandamus, seeking a direction to the respondents 1 to 3 to withdraw the Look out Circular (LOC) against the petitioner and from preventing him for travelling abroad and detaining and arresting him in any immigration (entry or exit) point in India and interfering with his freedom of movement. 2.The learned Additional Public Prosecutor appearing for the respondents 2 and 3 would submit that on the basis of the complaint given by the fourth respondent, an FIR came to be registered on 22.12.2022 and that 2/5

since the petitioner was in Netherlands, a Look Out Circular was issued by the second respondent. Subsequently, the petitioner had appeared before the second respondent in pursuance of the summons issued on 27.12.2022 and he was released on Station Bail.

3.Considering the said submission that the petitioner was already granted bail, the second respondent is directed to take necessary steps to withdraw the look out circular and the third respondent is directed to consider the representation, dated 21.01.2023 seeking to travel to Netherlands, by imposing necessary conditions and by taking note of the undertaking affidavit to be filed by the petitioner.

4.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 25.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No lr 3/5

Note:Issue Order copy on 25.01.2023 To

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, All Women Police Station, Theni.

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

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K.MURALI SHANKAR ,J.

lr W.P(MD).No.1405 of 2023 25.01.2023 5/5