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Madras High CourtWP(MD)/5151/2024allowed

Ayyavu v. The Chief Immigration Officer

2025-03-05Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2025

CORAM

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

1. The Chief Immigration Officer Bureau of Immigration Chennai International Airport Chennai

2. The Superintendent of Police Thanjavur District, Thanjavur

3. The Inspector of Police Pattukottai All Women Police Station Thanjavur District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents to cancel or withdraw the Look Out Circular L.O.C.No. 25022120/98 issued against the accused persons in Crime No. 23 of 2023 on the file of the second respondent by considering the petitioner's representation dated 14.02.2024 within the time limit stipulated by this Court. 1/7

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr. K.Govindaraja No.1 Assistant Solicitor General of India No.2 and 3 Mr.Sakthi Kumar Government Advocate(Crl.side)

ORDER

The prayer sought for in the present writ petition is to direct the respondent to cancel or withdraw the Look Out Circular issued against the accused Crime No. 23 of 2023 on the file of the second respondent by considering the petitioner's representation dated 14.02.2024 within the time limit stipulated by this Court.

2. The learned counsel appearing for the petitioner would submit that now the petitioner is working in Singapore. The marriage between the petitioner and his wife took place on 06.06.2008 and thereafter he moved to Singapore along with his wife. Due to some misunderstanding between the petitioner and his wife she left the matrimonial home. While so, the wife of the petitioner lodged a complaint with false allegations as against the petitioner and his parents for which a case has been registered in Crime No.23 of 2022 for the offences under Sections 498(A),494, 147, 506(i) of IPC and Section 4 of D.P.Act. Already the 2/7

petitioner obtained anticipatory bail through an order dated 15.12.2023 in Crl.O.P(MD) No.22644 of 2023 and when he came to India to execute sureties he was detained in Trichy International Airport as per the Look Out Circular issued as against him. The said Look Out Circular notice is illegal since he was already granted anticipatory bail. He used to go to frequently Singapore for his official purpose, thereby he has sent a detailed representation on 14.02.2024 to the second respondent and on 23.02.2024 to the third respondent to cancel or withdraw the Look Out Circular in L.O.C.No. 25022120/98 but the same has not been considered. He would further submit that already this Court has quashed the Look Out Circular issued against other accused in W.P(MD) No. 13903 of 2024 and therefore the same benefit may be given to this petitioner also.

3. The learned Government Advocate(Crl.Side) appearing for the respondents 2 and 3 would submit that the wife of the petitioner lodged a complaint against the petitioner and others for which a case has been registered in Crime No.23 of 2022 for the offences under Sections 498(A),494, 147, 506(i) of IPC and Section 4 of D.P.Act and the 3/7

petitioner was absconding and he was working in abroad and thereby Look Out Circular was issued against him. However he obtained anticipatory bail in Crl.O.P(MD) No.22644 of 2023 on 15.12.2023 and now the Look Out Circular is pending against him.

4. Heard both sides and perused the materials available on record. 5.It is admitted fact that the petitioner is one of the accused in Crime No.23 of 2022 for the offences under Sections 498(A),494, 147, 506(i) of IPC and Section 4 of D.P.Act and he already obtained anticipatory bail in Crl.O.P(MD) No. 22644 of 2023 on 15.12.2023. The purpose of issuing Look Out Circular is to secure the accused for appearance of the petitioner in the pending case. Already this Court has granted anticipatory bail to the petitioner and the petitioner also executed sureties, therefore Look Out Circular ought to have been cancelled by the concerned authorities. Further this Court also for the other accused has quashed the Look Out Circular through an order dated 28.06.2024. Since the Look Out Circular was issued only for the purpose of securing the accused and to ensure the presence before the trial Court and the Court 4/7

also seized off the matter and sureties were also executed for the appearance of the petitioner, Look Out Circular issued by the second respondent is liable to be quashed. As far as the appearance of the petitioner before the trial court for hearings is concerned, it is for the trial Court to decide the same in accordance with law.

6. In view of the same, the Writ Petition stands allowed. The impugned Look Out Circular Look Out Circular in L.O.C.No. 25022120/98 issued by the respondents is hereby quashed. 05.03.2025 NCC : Yes / No Index : Yes / No aav To

1. The Chief Immigration Officer Bureau of Immigration Chennai International Airport, Chennai

2. The Superintendent of Police Thanjavur District, Thanjavur

3. The Inspector of Police Pattukottai All Women Police Station Thanjavur District 5/7

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

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P.DHANABAL, J.

aav 05.03.2025 7/7