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Madras High CourtCRL OP(MD)/18443/2016allowed

Velavan v. The Superintendent Of Police,

2016-10-07Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18443 of 2016 Velavan .. Petitioner -Vs1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, All Women Police Station, Pattukkottai, Thanjavur District.

(Crime No.6 of 2014) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to withdraw the Look Out Circular Notice No.LOC No.C1/12711/2015 dated 30.05.2015 as against the petitioner in connection with the Crime No.6 of 2014 on the file of the second respondent police and consequently direct the first respondent to communicate the order of lifting of travel restriction imposed in pursuant to above said Look Out Circular to the Immigration Offices.

For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed seeking a direction to the respondent police to withdraw the Look Out Circular Notice No.LOC No.C1/12711/2015, dated 30.05.2015 issued against the petitioner in connection with the Crime No.6 of 2014 on the file of the second respondent police and consequently direct the first respondent to communicate the order of lifting of travel restriction imposed in pursuant to above said Look Out Circular to the Immigration Offices.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents and perused

the records.

3.Mr.S.Deenadhayalan, learned counsel appearing for the petitioner would submit that based on the complaint given by the wife of the petitioner Mrs.Sumathi, a case was registered in Crime No.6 of 2014 for the offences under Sections 498(A), 495, 420 r/w 109 IPC and Section 4 of TNPHW Act 2002 and after investigation, a final report was filed, which was also taken on file by the Judicial Magistrate, Pudukottai, in C.C.No.176 of 2015. It is further submitted that during investigation of the case, Look Out Circular in LOC No.C1/12711/2015, dated 30.05.2015 was issued and the petitioner was secured by the AIRPORT police and latter, he was granted bail.

4.The contention of the petitioner is that the Look Out Circular is valid for a period of one year. Further, the petitioner is unemployed since 2014 and with great efforts, he has got a job opportunity in abroad, but due to the pendency of the Look Out Circular, he is not able to go abroad to join the duty. In similar facts, this court in Crl.O.P(MD)No.9043 of 2015, dated 29.04.2015 directed the respondent therein to take steps to revoke the Look Out Circular. It is further submitted that absence of the petitioner would not cause any hindrance to the trial of the case and he is ready to file necessary affidavit before the trial court.

5.Considering the facts and circumstances of the case and also taking into consideration the submissions made by both sides, the respondent police is directed to immediately take steps to revoke the Look Out Circular with regard to the petitioner. The petitioner shall give an undertaking before the trial Court that he will appear for collecting the papers under Section 207 Cr.P.C. for answering the charge sheet under Section 313 Cr.P.C. and on the date of judgment. During the course of trial, the petitioner shall also give an undertaking that he will not dispute his identity and that his counsel will cross examine the dilatory tactics. The petitioner shall also give his address in abroad, Email ID and Mobile number by way of affidavit before the trail Court with a copy to the respondent police. After recalling the Look Out Circular, it shall be informed to the Immigration Officer.

6.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar ssl/er

To:

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

2.The Inspector of Police, All Women Police Station, Pattukkottai, Thanjavur District.

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

+1cc to Mr.S.Deenadhayalan Advocate Sr.No. 60284 JAM/25.10.16/CK/SAR 3 3p-5c Crl.O.P.(MD) No.18443 of 2016 07.10.2016