S.Arunachalam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16676 of 2022 S.Arunachalam

...Petitioner

vs

1. The Commissioner of Police Madurai.

2. The Inspector of Police City Crime Branch Madurai

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents police to withdraw the Look Out Circular issued against the Petitioner in Crime No.47 of 2019 on the file of the second Respondent.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.R. Sivakumar Government Advocate(Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed to direct the Respondents police to withdraw the Look Out Circular issued against the Petitioner in Crime No.47 of 2019 on the file of the second Respondent.

2. The learned Government Advocate(Crl.Side) would submit that the First Information Report in Crime No.47 of 219 was registered against the Petitioner who is Malasiyan Citizen for the offences under Sections 120(B), 406,420 and 506(i) of IPC. In this case as per the complaint the Petitioner is alleged to have cheated Rs.80 lakhs. He would further submit that the Petitioner had filed a petition for anticipatory bail before this Court and this Court by an order dated 07.02.2022 in Crl.O.P(MD) No.606 of 2022 had granted anticipatory bail to the Petitioner on the undertaking given by the Petitioner that he had deposited Rs.7,00,000/- in crime number and also directed the Petitioner to appear before the respondent police daily at 10.30 am., for a period of thirty days and thereafter as and when required for interrogation. He has complied with the condition only for 23 days and thereafter without complying with the condition he left India without 2/5

informing the Respondent Police. Therefore Look Out notice has been issued. Therefore there is violation of the condition imposed by this Court.

3. In view of the submission made by the learned Government Advocate(Crl.Side) this Criminal Original Petition stands dismissed. However, the Respondent Police is directed to approach the Court of the learned Judicial Magistrate No.I to cancel the bail granted to the Petitioner as per the reported ruling of the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] .

4. If the Petitioner is secured on the Look Out Notice issued by the Respondents, he shall be detained in Prison till the case ends up in the Court after conclusion of the trial.

09.11.2022 Internet:Yes./No Index:Yes/no aav To 3/5

1. The Commissioner of Police Madurai.

2. The Inspector of Police City Crime Branch Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.16676 of 2022 09.11.2022 5/5