Madras High CourtCRL OP(MD)/553/2014disposed of

Sundaravel Ramesh v. The Superintendent Of Police

2017-12-18Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2017

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD).No.553 of 2014 and Crl.M.P.(MD).No.1 of 2014 Sundaravel Ramesh ... Petitioner -vs1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Thanjavur Medical College Hospital Police Station, Thanjavur, Thanjavur District.

3. The Foreigners Regional Registration Officer, Bureau of Immigration, Chennai- 600 006.

4. Senthil Kumar ... Respondents (R4 impleaded vide order dated 09.06.2014) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. Praying to direct the 1st respondent to withdraw the Look Out Circular in C.No.C1/15288/20123 dated 18.04.2013 issued against the petitioner to the 3rd respondent and pass such further or other orders as this Hon'ble Court may deem fit and proper in the above facts and circumstances of the case. For Petitioner : Mr.N.Sathish Babu For R1 to R3 : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) For R4 : Mr.K.Anand For M/s.Ajmal Associates

O R D E R

This petition has been filed, seeking to direct the 1st respondent to withdraw the Look Out Circular in C.No.C1/15288/20123 dated 18.04.2013 issued against the petitioner to the 3rd respondent.

2. On the complaint lodged by Senthil Kumar, the respondent police registered a case in Crime No.55 of 2013 and after completing the investigation, has filed a charge sheet in PRC No.17 of 2014 before the learned Judicial Magistrate No.I, Thanjavur for the offences under Sections 294(b), 341, 324, 506 (ii) IPC r/w. 3(1) PPDL Act, 120 b), 363, 511 and 109 IPC against the five accused. Since the petitioner was abroad, a Look Out Circular has been issued against the petitioner and committal proceedings are pending before the learned Judicial Magistrate No.I, Thanjavur for the appearance of the petitioner. It is reported that the petitioner has been released on anticipatory bail in Crl.O.P.(MD) No.15312 of 2013 dated 18.09.2013 and the petitioner has already furnished sureties.

3. Taking into consideration the fact that the investigation has been completed and a charge sheet has been filed, this Court directs the respondent police to withdraw the Look Out Circular issued against the petitioner within a period of two weeks from the date of receipt of a copy of this order and thereafter, the petitioner shall surrender before the learned Judicial Magistrate No.1, Thanjavur in PRC No.17 of 2014 and deposit his passport before the learned Magistrate. If warrant is pending against the petitioner, the same may be recalled by the Magistrate. After committal proceedings are over, the Judicial Magistrate No.1, Thanjavur shall send the petitioner's passport to the Sessions Court. As and when the petitioner wants to go abroad, he shall take the permission of the Sessions Court/Trial Court, which Court will decide the request on merits.

4. With the above direction, this petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar To:

1. The Superintendent on Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Thanjavur Medical College Hospital Police Station, Thanjavur, Thanjavur District.

3. The Foreigners Regional Registration Officer, Bureau of Immigration, Chennai- 600 006.

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

5. The Judicial Magistrate No.1, Thanjavur +1cc to Mr. N. SATHISH BABU, Advocate, SR.No.55967 Crl.O.P.(MD).No.553 of 2014 and Crl.M.P.(MD).No.1 of 2014 04.05.2017 SDS/JC/SAR 3/11.05.2017/3P/7C