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Madras High CourtWP(MD)/11065/2023disposed of

Senthil Ananth v. The Superintendent Of Police

2023-06-05Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Senthil Ananth ... Petitioner Vs.

1. The Superintendent of Police, Trichy Bypass Road, Thanjavur District.

2. The Deputy Superintendent of Police, Police Railway Station Road, Pattukottai Town, Thanjavur District.

3. The State Represented by The Inspector of Police, AWPS, Pattukottai Thanjavur District.

(In Crime No.16 of 2022) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to withdraw the Look Out Circular issued against the petitioner in connection with a case registered in Crime No.16 of 2022 on the file of 3rd respondent police by considering the petitioner's representation dated 13.04.2023 within the period that may be stipulated 1/6

by this Court.

For Petitioner : Mr. R.Gandhi, Senior Counsel for M/s.Gandhi Associates For Respondents : Mr. B.Nambiselvan Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondents to withdraw the Look Out Circular issued against the petitioner in connection with a case registered in Crime No.16 of 2022 on the file of 3rd respondent police by considering the petitioner's representation dated 13.04.2023 within the period that may be stipulated by this Court.

2. Mr.B.Nambiselvan, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that while passing the order in Crl.O.P(MD) No.14171 of 2022, conditions were 2/6

imposed upon the petitioner and that was also complied by the petitioner and the petitioner has filed a petition to relax or modify the above said conditions, that was also allowed by the co-ordinate Bench of this Court by the order in Crl.M.P(MD) No.3301 of 2023 in Crl.O.P(MD) No.14171 of 2022, dated 27.02.2023 and paragraph No.8B of the above said order reads under:

8(b). The petitioner shall file an affidavit of undertaking that he will return to India as and when required by the respondent for the progress of investigation.

4. Now the grievance of the petitioner is that the above said look out notice has been issued by the first respondent based upon the recommendation of the third respondent herein.

5. The learned Additional Public Prosecutor has no instruction with regard to the date of the issue of look out notice that was issued by the first respondent.

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6. In view of the above said order that has been passed by this Court in Crl.M.P(MD) No.3301 of 2023 in Crl.O.P(MD) No.14171 of 2022, dated 27.02.2023, the above said look out notice shall be recalled by the respondents immediately.

7. With the above said direction, this Writ Petition stands disposed of. No cost.

05.06.2023 NCC:Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6

To

1. The Superintendent of Police, Trichy Bypass Road, Thanjavur District.

2. The Deputy Superintendent of Police, Police Railway Station Road, Pattukottai Town, Thanjavur District.

3. The Inspector of Police, AWPS, Pattukottai Thanjavur District.

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

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G.ILANGOVAN, J Indu Order made in Dated : 05.06.2023 6/6