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Madras High CourtWP(MD)/18277/2022disposed of

Sulakshan Sakyanga Mahadev v. Foreigner Regional Registration Officer

2022-08-12Honourable Mr Justice V.Sivagnanam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Sulakshan Sakyanga Mahadev

...Petitioner

Vs.

1. Foreigner Regional Registration Officer, Bureau of Immigration, Ministry of Home Affairs, Shasthri Bhavan, College Road - Annex Building, Nungambakkam, Chennai.

2. The Superintendent of Police, Karur District, Karur.

3. The Inspector of Police, District Crime Branch Police Station, Karur (Crime No.15 of 2019).

...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 relation to Crime No.15 of 2019, on the file of the third respondent herein and consequently direct the second respondent herein to communicate the order of withdrawing the "Look Out Circular" and 1/6

the consequential order of the lifting of travel restriction imposed in pursuant to above said look out circular to the Immigration Offices. For Petitioner : Mr.A.Chandrakumar For R1 : Mr.B.Narayan Ram For R2 & 3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to withdraw the Look Out Circular issued against the petitioner in relation to Crime No.15 of 2019, on the file of the third respondent herein and consequently, direct the second respondent herein to communicate the order of withdrawing the "Look Out Circular" and the consequential order of lifting of travel restriction imposed in pursuant to above said look out circular to the Immigration Offices.

2. When the matter is taken up for hearing today (i.e., on 12.08.2022), the learned Government Advocate (Criminal Side) appearing for the respondents 2 and 3 submitted that the petitioner is 8th accused in a case registered by the respondent police in Crime No.15 of 2/6

2019, for the offences punishable under Sections 120B, 294(b), 406, 420 and 506(i) I.P.C. After issuing Look Out Notice, he was arrested by the respondent police and remanded to judicial custody. Thereafter, he was released on bail by the Sessions Court, Karur, by its order dated 19.04.2022 in Crl.M.P.No.855 of 2022. Thereafter, the petitioner filed a petition in C.M.P.No.2499 of 2022, before the learned Judicial Magistrate No.I, Karur, seeking permission to go abroad, and the same was allowed.

3. I have considered the submissions made by the learned counsel appearing for both sides.

4. On perusal of the records, it is seen that the petitioner is the 8th accused in the case registered in Crime No.15 of 2019, on the file of the respondent police for the offences punishable under Sections 120B, 294(b), 406, 420 and 506(i) I.P.C. and after issuing Look Out Notice, his passport was seized and he was arrested and remanded to judicial custody and then he was released on bail, by the order of the learned Sessions Judge, Karur in Crl.M.P.No.855 of 2022, dated 19.04.2022. 3/6

Thereafter, he filed an application before the learned Judicial Magistrate No.I, Karur in C.M.PNo.2499 of 2022. The learned Judicial Magistrate No.I, Karur, by the order dated 20.07.2022, has permitted the petitioner to go abroad. In these circumstances, the petitioner gave a representation to the second respondent - the Superintendent of Police, Karur District, Karur, dated 25.07.2022, to recall the Look Out Notice.

5. Considering the fact that the accused is also arrested and released on bail, the second respondent is hereby directed to consider the petitioner's representation, dated 25.07.2022, and pass orders on merits and in accordance with law, within a period of one week from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

12.08.2022 Index :Yes/No ebsi Note: Issue order copy on 16.08.2022 4/6

To

1. Foreigner Regional Registration Officer, Bureau of Immigration, Ministry of Home Affairs, Shasthri Bhavan, College Road - Annex Building, Nungambakkam, Chennai.

2. The Superintendent of Police, Karur District, Karur.

3. The Inspector of Police, District Crime Branch Police Station, Karur 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM., J ebsi 12.08.2022 6/6