Srinivasan Neelakandan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2024 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI Srinivasan Neelakandan ... Petitioner vs

1. The Superintendent of Police, Nagercoil, Kanniyakumari District.

2. The Inspector of Police, Kulasekaran Police Station, Kanniyakumari District.

(Crime No.77 of 2021) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to withdraw the Lookout Circular (LOC) issued by the District Crime Records Bureau in respect of the case in Crime No.77 of 2021 by considering the petitioner's representation through email dated 02.04.2024 and thereby declare the Look Out Circular as illegal and invalid within the time framed by this Court. For Petitioner : Mr.A.Robinson For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the first respondent to withdraw the Lookout Circular (LOC) issued by the District Crime Records Bureau in respect of the case in Crime No.77 of 2021 by considering the petitioner's representation through email dated 02.04.2024. 2.The petitioner herein is working as a Coolie in Dubai . He is intending to return India . In view of the Look Out Circular, the petitioner has approached this Court to cancel the Look Out Circular issued against him.

3.The case of the prosecution is that the de-facto complainant lodged a complaint that he noticed certain posts having defamatory contents against a political party leader. Based on the complaint, a case has been registered in Crime No.77 of 2021 for the offence punishable under Section 505(2) and Section 67 of the Information Technology Act, 2000, against the petitioner.

2/5

4.The learned Counsel for the petitioner submitted that the petitioner undertakes to appear before the trial Court and he would cooperate for the trial. 5.Considering the nature of allegation against the petitioner and also considering the submission of the learned Counsel for the petitioner, this Court quashes the Look Out Circular with a direction to the petitioner to appear before the trial Court, surrender his passport and shall also file an affidavit of undertaking that he will co-operate with the trial. The trial Court shall endeavor to conclude the trial as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. The respondent police is also expected to co-operate for an early disposal of the trial. Till the disposal of the trial, the petitioner shall not leave the country without permission of the trial Court. The Writ Petition is disposed of in the above term. No costs. 26.04.2024 Internet :Yes Index :Yes/No NCC :Yes/No jbr Note: Issue on 29.04.2024 3/5

To

1. The Superintendent of Police, Nagercoil, Kanniyakumari District.

2. The Inspector of Police, Kulasekaran Police Station, Kanniyakumari District.

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

4/5

B.PUGALENDHI , J.

jbr 26.04.2024 5/5