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Madras High CourtWP(MD)/3322/2021allowed

Kanimozhi v. State Rep By

2021-12-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.3322 of 2021 and WMP(MD)No.2671 of 2021 Kanimozhi ... Petitioner vs.

1.State, rep.by The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Pappanadu Police Station, Thanjavur Police Station, (Crime No.88 of 2019).

3.The Chief Immigration Officer, Shastri Bhavan Annex Buildings, 26, Haddow's Road, Nungambakka, Chennai - 76.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent vide his proceedings in C.No.C1/14217/2018 dt.11.12.2018 and quash the same and consequently direct the 1st respondent to communicate the order of lifting travel restriction imposed in pursuance of lookout circular to the 3rd respondent after withdrawing the lookout circular issued against the petitioner in connection with the case in Crime No. 88 of 2019 on the file of the 2nd respondent.

For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor for R1 & R2 Mrs.L.Victoria Gowri ASG for R3 1/3

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2 and the learned Assistant Solicitor General of India for the third respondent.

2.The petitioner is figuring as accused in Crime No.88 of 2019 on the file of the second respondent. A lookout circular was issued against the petitioner. She was arrested and she was also in prison for almost two months. The petitioner is eking out her livelihood by working as housemaid. If the lookout circular is not lifted, she cannot go abroad. She appears to have realized her mistakes and she undertakes that she will not indulge in any kind of misdemeanor in future. Hence, the lookout circular issued against the petitioner is lifted. The first respondent is directed to intimate the third respondent about the lifting of the lookout circular.

3.The writ petition is allowed. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Skm Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

2.The Inspector of Police, Pappanadu Police Station, Thanjavur Police Station, Thanjavur.

2/3

3.The Chief Immigration Officer, Shastri Bhavan Annex Buildings, 26, Haddow's Road, Nungambakka, Chennai - 76.

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

WP(MD)No.3322 of 2021 and WMP(MD)No.2671 of 2021 06.12.2021 RK(23/12/2021) 3P 5C 3/3