Shanmugavel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Shanmugavel ... Petitioner Vs.

1. The Superintendent of Police South Zone, Police Training College Ashok Nagar, Chennai- 600 083

2. The Deputy Superintendent of Police D.No.6738, Tamil Nagar Melachothurani, Sakkarakottai Post, Ramanathapuram- 623 504

3. The Inspector of Police D.No.6738, Tamil Nagar Melachothurani, Sakkarakottai Post, Ramanathapuram- 623 504

4. The Chief Immigration Officer Bureau of Immigration Sasthri Bhavan Haddows Road Nungambakkam, Chennai- 600 006 ..Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents 1 to 3 to withdraw, revoke, recall and to lift the Look Out Notice C1/EOW/317/2019 dated 09.01.2019 issued against the petitioner by the respondents 1 to 3 by considering his representation dated 03.01.2025 and consequently direct the respondents 1 to 3 to communicate the order of lifting of travel restriction imposed in pursuance of Look Out Notice C1/EOW/317/2019 dated 09.01.2019 directly to the fourth respondent. For Petitioner : Mr.S.G.L.Rishwanth For Respondents : Mr. M.Sakthikumar Government Advocate(Crl.Side)

ORDER

The prayer sought for in the present writ petition is to direct the respondents 1 to 3 to withdraw, revoke, recall and to lift the Look Out Notice C1/EOW/317/2019 dated 09.01.2019 issued against the petitioner by the respondents 1 to 3 by considering his representation dated 03.01.2025 and consequently direct the respondents 1 to 3 to communicate the order of lifting of travel restriction imposed in pursuance of Look Out Notice C1/EOW/317/2019 dated 09.01.2019 directly to the fourth respondent.

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2. The learned counsel appearing for the petitioner would submit that the petitioner is facing trial in CC.No.133 of 2010 on the file of the learned Judicial Magistrate, Ramanathapuram. He was in abroad, thereby Look Out Circular was issued against him and he also approached the Court for bail and bail was granted and now the case stands posted for examining of the accused under Section 313(1)(b) of Cr.P.C., after completion of prosecution side witnesses. But still now Look Out Circular is in force. Therefore he has sent a representation dated 03.01.2025 but the same has not been considered, hence the present petition has been filed.

3. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that the petitioner is an accused CC.No.133 of 2010 on the file of the learned Judicial Magistrate, Ramanathapuram and now the case stands posted for examining of the accused under Section 313(1)(b) of Cr.P.C after completion of prosecution side witnesses. However the representation of the petitioner is under consideration and they will consider the representation and dispose the petitioner's representation within a period of fifteen days. 3/6

4. In view of the above said representation made by the learned Government Advocate (Crl.Side) appearing for the respondents that the representation of the petitioner will be considered as early as possible, this Court directs the third respondent to consider the representation of the petitioner dated 03.01.2025 and dispose of the same within a period of 15 days from the date of this order in accordance with law on merits.

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

21.02.2025 NCC : Yes / No Index : Yes / No aav Note: Issue order copy on 24.02.2025 To

1. The Superintendent of Police South Zone, Police Training College Ashok Nagar, Chennai- 600 083 4/6

2. The Deputy Superintendent of Police D.No.6738, Tamil Nagar Melachothurani, Sakkarakottai Post, Ramanathapuram- 623 504

3. The Inspector of Police D.No.6738, Tamil Nagar Melachothurani, Sakkarakottai Post, Ramanathapuram- 623 504

4. The Chief Immigration Officer Bureau of Immigration Sasthri Bhavan Haddows Road Nungambakkam, Chennai- 600 006 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6

P.DHANABAL, J.

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