Dinesh Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.2391 of 2025 Dinesh Kumar ... Petitioner Vs.

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

2.The State Rep. by The Inspector of Police, DCB Police Station, Tenkasi District.

3.The Chief Immigration Officer, Bureau of Immigration, Ministry of Home Affairs, Sastri Bhavan, Haddows Road, Chennai.

... Respondents 1/6

PRAYER: Petition filed under Section 528 of BNSS 2023, to direct the respondents 1 and 2 to withdraw the Look Out Circular (LOC) issued against the petitioner in connection with Crime No.16 of 2021, pending on the file of the second respondent police station.

For Petitioner : Mr.K.Althaf Sheriff for M/s.Ajmal Associates For Respondents 1 & 2 : Mr.M.Sakthi Kumar Government Advocate [Crl. Side] For Respondent No.3 : No appearance

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to withdraw the Look Out Circular (LOC) issued against the petitioner in connection with Crime No.16 of 2021, pending on the file of the second respondent police station.

2.Learned Counsel for the petitioner would submit that the petitioner has been arrayed as accused in this case in Crime No.16 of 2021. The petitioner is 2/6

working as an Assistant Manager [Electrical[at Larsen & Toubro company in Saudi Arabia. While his travel to India, he was arrested at Coimbatore Airport and later he was released on bail by the learned Judicial Magistrate No.1, Tirunelveli. Then only the petitioner came to know about the Look Out Circular against the petitioner. The Look Out Circular was issued to secure the petitioner in connection with Crime No.16 of 2021. Thereafter, he was released on bail by the concerned Court. However, the Look Out Circular is pending, though already the petitioner was released on bail. Now, the petitioner has filed this Criminal Original Petition to withdraw the Look Out Circular. 3.Learned Government Advocate would submit that as against the petitioner a case in crime No.

16 of 2021 for the offences under Section 420 IPC, is pending before the Judicial Magistrate Court, Tirunelveli. Now, the case is posted for trial. Though, the petitioner was released on bail by the learned Magistrate, still there are chances of the petitioner going to abroad and the petitioner cannot appear for trial. The petitioner also filed a quash petition and the same is also pending before this Court. This is a case of 420 IPC and the offences are grave in nature.

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4.This Court heard the learned Counsel on either side and perused the records.

5.It is an admitted fact that the petitioner has been arrayed as accused in the case and no other case is pending against him. The Look Out Circular was issued only to secure the accused in Crime No.16 of 2021. Thereafter, the petitioner was arrested and released on bail. Once the petitioner is released on bail, the purpose of the Look Out Circular is already served. Therefore, the pending Look Out Circular is liable to be quashed. Since already the trial Court has granted bail to the petitioner, it is for the trial Court to take appropriate steps for the appearance of the petitioner in accordance with law. 6.With the above said directions, this Criminal Original Petition is allowed.

04.03.2025 Index : Yes / No MR 4/6

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

2.The Inspector of Police, DCB Police Station, Tenkasi District.

3.The Chief Immigration Officer, Bureau of Immigration, Ministry of Home Affairs, Sastri Bhavan, Haddows Road, Chennai.

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

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P.DHANABAL, J.

MR Order made in Crl.O.P.(MD)No.2391 of 2025 Dated:

04.03.2025 6/6