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Madras High CourtWP Crl.(MD)/558/2025disposed of

Naveentha Krishnan v. The Chief Immigration Officer

2025-07-17Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.558 of 2025 Naveentha Krishnan ... Petitioner Vs 1.The Chief Immigration Officer, No. 26, Sasthiri Bhavan, Haddows Road, Nungambakkam, Chennai- 6.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City.

...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 2 and 3 to withdraw the lookout circular issued against the petitioner in pursuance of Crime No. 24/2021 on the file 1/7

of the 3rd respondent, by considering his representation dated 21.05.2025 within a time frame as stipulated by this Court. For Petitioner : Ms.Kalyani J, For R2 & R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner/ an accused in CC No.707 of 2022, pending on the file of the Additional Mahila Court, Madurai has approached this Court, seeking a direction to the respondents 2 and 3, to withdraw the lookout circular issued as against him, by considering his representation dated 21.05.2025. 2.The learned counsel for the petitioner submits that the petitioner has entered appearance before the Additional Mahila Court, Madurai and furnished sureties and he is also regularly appearing before the trial Court in CC No.707 of 2022. He further submits that this petitioner is prepared to surrender his passport and furnish adequate sureties for his appearance before the trial court regularly till the disposal of the trial in CC No.707 of 2022. 2/7

Therefore, he requests to withdraw the lookout circular issued as against him.

3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents 2 & 3 submits that this petitioner was working in Singapore and therefore, in order to ensure his availability for trial in CC No.702 of 2022, the respondent police has issued the lookout circular. In the event, if this petitioner has already surrendered and he is appearing regularly, then there is no reason to continue the lookout circular any further. He also submits that the case is posted for trial on 28.08.2025 for examination of LW 1 to LW 4.

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.Admittedly, it is a matrimonial dispute between this petitioner and his wife. The petitioner claims that though he was 3/7

working in Singapore, at present, he is in India. He has already furnished sureties and he is also regularly appearing before the trial Court. Now, he is prepared to surrender his passport before the trial Court, till the conclusion of the trial and he also undertakes that he will appear before the trial Court and co-operate for trial, till the disposal of the above case.

6.In view of the undertaking given by this petitioner, this writ petition is allowed with the following directions:- i. The petitioner has to surrender his passport before the Additional Mahila Court, Madurai and the same shall be retained in Court, till the disposal of the case in CC No.707 of 2022.

ii. The petitioner is directed to file an affidavit of undertaking before the trial Court that he will appear before the trial Court and co-operate for the trial, till the disposal of the case in CC No.707 of 2022.

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iii.The respondent police is directed to recall the look out circular issued as against this petitioner, on production of a copy of the undertaking given by the petitioner before the trial Court and also on proof of surrender of his passport before the trial Court.

iv. Considering that the petitioner, who is having a job at Singapore is facing trial in India, in view of the matrimonial dispute and now he is prepared to surrender his passport before the concerned Court till the disposal of the case and also considering that he is prepared to co-operate for the trial, the learned Judge, Additional Mahila Court, Madurai shall give some preference to dispose of the case in CC No.707 of 2022, as expeditiously as possible. There shall be no order as to costs.

17.07.2025 Index:Yes Internet:Yes vrn 5/7

To 1.The Chief Immigration Officer, No. 26, Sasthiri Bhavan, Haddows Road, Nungambakkam, Chennai- 6.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City.

4.The Additional Mahila Court, Madurai 6/7

B.PUGALENDHI, J.

vrn Order made in W.P.Crl.(MD)No.558 of 2025 17.07.2025 7/7