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Madras High CourtCRL MP(MD)/6859/2018ordered

Sundaravel Ramesh v. The Superintendent Of Police

2018-09-26Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Sixth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.6859 of 2018 IN CRL OP(MD) No.553 of 2014 SUNDARAVEL RAMESH ... PETITIONER Vs 1.THE SUPERINTENDENT OF POLICE , THANJAVUR DISTRICT, THANJAVUR.

2.THE INSPECTOR OF POLICE, THANJAVUR MEDICAL COLLEGE HOSPITAL POLICE STATION, THANJAVUR.

3.THE FOREIGNERS REGIONAL REGISTRATION OFFICER, BUREAU OF IMMIGRATION, CHENNAI-600 006.

4.SENTHIL KUMAR ... RESPONDENTS Prayer in CRL MP(MD).No. 6859/ 2018 :

Criminal Miscellaneous Petition is filed under section 482 of Criminal Procedure Code praying this Hon'ble Court to modify the condition to deposit his passport before the learned Judicial Magistrate No.2, Thanjavur in PRC No.17 of 2014 imposed in Crl.O.P. (MD) No.553 of 2014 dated 04/05/2017.

Prayer in CRL OP(MD).No. 553/ 2018 :

Criminal Original Petition is filed under section 482 of Criminal Procedure Code praying this Hon'ble Court 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.

ORDER:

This Petition coming on for hearing on this day, upon perusing the affidavit and material papers filed, and upon hearing the arguments of Mr.N.SATHISH BABU, Advocate for the Petitioner, Mr.V.NEELA KANDAN, Additional Public Prosecutor on behalf of the Respondents No.1 and 2, and of Mr.J.SULTHAN BASHA, for M/s.AJMAL

ASSOCIATES, Advocate for the Fourth Respondent, this Court made the following order:

This petition has been filed to modify the condition imposed by this Court in by an order dated 04.05.2017 passed in Crl.O.P(MD) No.553 of 2014.

2. The learned counsel for the petitioner has filed the criminal original petition for a direction directing the first respondent withdraw the Look Out Circular issued in C.No.C1/15288/20123, dated 18.04.2013 issued as against the petitioner. This Court considered the request of the petitioner and ordered that :

"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.II, 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.II, 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".

3. The learned counsel for the petitioner would submit that the petitioner is a permanent resident of Singapore and working as Senior Manager(Finance) Singapore Government Staff Central CoOperative Society Limited, Singapore. Therefore he is unable to visit India to comply the order passed by this Court. He would further submit that he cannot take long leave till committal proceedings are over in PRC No.17 of 2014. Therefore he prayed for modification of the order passed by this Court.

4. Taking note of the facts and circumstances of the case, this court modifies the order dated 04.05.2017 passed in Crl.O.P(MD) 553 of 2014 with the following terms:

i) As directed by this Court, the first respondent has withdrawn the Look Out Circular issued against the petitioner in C.No.C1/ 15288/ 20123, dated 18.04.2013.

ii) The petitioner shall surrender before the learned Judicial Magistrate No.II, Thanjavur in PRC No.17 of 2014 and deposit his passport before the learned Magistrate on or before 07.12.2018, if he fails to surrender before the said date, this order shall stand

automatically revoked.

iii) After surrender of the petitioner, the learned Judicial Magistrate No.II, Thanjavur shall complete the committal proceedings in PRC 17 of 2014 on or before 21.12.2018. iv) All other conditions in the said order shall remain intact.

5. The Criminal Miscellaneous Petition is modified accordingly. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) TO

1. THE JUDICIAL MAGISTRATE No.II, THANJAVUR.

2. THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3.THE SUPERINTENDENT OF POLICE THANJAVUR DISTRICT, THANJAVUR.

4.THE INSPECTOR OF POLICE THANJAVUR MEDICAL COLLEGE HOSPITAL POLICE STATION, THANJAVUR.

5.THE FOREIGNERS REGIONAL REGISTRATION OFFICER, BUREAU OF IMMIGRATION, CHENNAI-600 006.

6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to M/s.AJMAL ASSOCIATES IN S.R.NO.18386. CRL MP(MD) No.6859 of 2018 IN CRL OP(MD) No.553 of 2014 26/09/2018 AAV DS SKN SAR-4 :05.10.2018: 3P/8C