Kavinprasath v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.10207 of 2025 Kavinprasath ... Petitioner Vs 1.The Superintendent of Police, Theni District, Theni.

2.The Zonal Passport Officer, Passport Office, Coimbatore.

3.The Inspector of Police, All Women Police Station, Periyakulam, Theni District.

4.Shwarnika

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, directing the first respondent to withdraw the lookout circular issued against the petitioner, in connection with Crime No.5 of 2025, on the file of the second respondent and consequently direct the first respondent to communicate the order of lifting of travel restriction 1/5

imposed in pursuant to the above said look out circular to the immigration offices.

For Petitioner : Mr.N.Venkatesh For R1 & R3 : Mr.P.Kottaichamy Government Advocate (Crl.side) For R2 : Mr.Murali Ganesh Central Government Standing Counsel

O R D E R

The petitioner has challenged the look out notice issued by the third respondent police as against him, in connection with Crime No.5 of 2025.

2.Mr.P.Kottaichamy, learned Government Advocate (Crl.side) takes notice for the respondents 1 & 3 and submits that the petitioner has evaded the investigation in Crime No.5 of 2025 and absconded to abroad and therefore a lookout notice has been issued. On completion of investigation, now the final report has been filed through e-filing and it is yet to be taken on file. 2/5

3.Mr.Murali Ganesh, learned Central Government Standing Counsel takes notice for the second respondent.

4. The learned counsel for the petitioner submits that it is only a matrimonial dispute between the petitioner and his wife. The petitioner is now working at Dubai. He is prepared to appear before the concerned Judicial Magistrate Court to contest the case. He is also prepared to furnish sufficient sureties for his availability before the trial Court as and when required by the trial Court. 5.Considering the submissions of the learned Government Advocate (Crl.side) that the investigation has already been completed and final report is also filed before the concerned Judicial Magistrate Court, this Criminal Original Petition is allowed. The look out notice issued by the respondent police is set aside, with a direction to the petitioner to return to India and to appear before the concerned Judicial Magistrate Court and furnish sureties for his availability for the trial. The trial court after satisfying that this petitioner would be available for trial as and when it requires, shall permit the petitioner to go to abroad. 3/5

18.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Superintendent of Police, Theni District, Theni.

2.The Zonal Passport Officer, Passport Office, Coimbatore.

3.The Inspector of Police, All Women Police Station, Periyakulam, Theni District.

4/5

B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.10207 of 2025 18.06.2025 5/5