Madras High Court
Gokul Kanthampulli Chanthren vs State Rep.By on 6 March, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.21547 of 2023
Gokul Kanthampulli chanthren .. Petitioner/Accused
.Vs.
1.State rep.by
The Inspector of Police
W-25, All Woman Police Station
T.Nagar, Chennai 600 017.
2.The Deputy Commissioner of Police
CAWC (Crime against Woman and Children)
Chennai 600 006.
3.The Airport Authority of India
Meenambakkam
Chennai 600 027.
4.Immigration Officer
FRRS Sastri Bhavan
No.26, Haddows Road
Chennai 600 006. ..Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
Procedure, to withdraw the lookout circular issued at the request of the Deputy
Commissioner of Police, Thousand Lights or any Authority and communicate to all
the Airport Authority Immigration Office in India and thereby allow the ingress and
egress of the petitioner in India enabling the petitioner to appear before the XVII
Metropolitan Magistrate Court, Saidapet in C.C.No.2503 of 2021.
https://www.mhc.tn.gov.in/judis
2
For Petitioners : Mr A.R.Nixon
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
for R1 and R2
ORDER
This petition has been filed for a direction to the respondent police to
withdraw the lookout circular issued against the petitioner in order to appear before
the Court below and to conduct the proceedings in C.C.No.2503 of 2021.
2.The learned Government Advocate (Crl.side)on instructions submitted that
there is a lookout circular pending against the petitioner and since the petitioner
failed to appear before the Court below during the hearing dates, a Non-Bailable
Warrant (NBW) has also been issued against the petitioner and it is pending.
3.The learned counsel for the petitioner submitted that the petitioner wants to
come back to India and defend himself in the case in C.C.No.2503 of 2021 and
therefore, he wants the lookout circular to be withdrawn.
4.Heard the learned counsel for the petitioner and the learned Government
Advocate (Crl.Side) for the respondents 1 and 2.
https://www.mhc.tn.gov.in/judis
5.The case is now at the stage of furnishing copies to the accused persons
under Section 207 Cr.PC. The case is posted for hearing on 15.4.2024. In view of
the same, there shall be a direction to the 1st respondent to instruct the immigration
to keep the lookout circular issued against the petitioner in abeyance. This process
shall be completed by the 1st respondent within a period of two weeks from today.
This will enable the petitioner to come back to India and to participate in the
proceedings in C.C.No.2503 of 2021. The petitioner on returning back to India shall
appear before the concern Court and file an application to recall the NBW. The Court
below shall recall the NBW and shall make the petitioner to execute the bond under
Section 88 of Cr.PC. Thereafter, the case shall be proceeded further on a day to day
basis. The Court below shall complete the proceedings in C.C.No.2503 of 2021,
within a period of three months thereafter. The trial shall be conducted on a day to
day basis in accordance with the guidelines given by the Hon'ble Apex Court in
Vinod Kumar Vs State of Punjab reported in [2015 (1) MLJ (Crl) 288 SC] . If the
petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the
presence of the petitioner and remand him to custody as per the judgment of
the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH
(JT 2001 (4) SC 3191).
6.This criminal original petition is disposed of with the above directions.
06.03.2024
Index
https://www.mhc.tn.gov.in/judis : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
kp
Note: Issue order copy on 11.03.2024
N. ANAND VENKATESH,. J.
kp
To
1.The Inspector of Police
W-25, All Woman Police Station
T.Nagar, Chennai 600 017.
2.The Deputy Commissioner of Police
CAWC (Crime against Woman and Children)
Chennai 600 006.
3.The Airport Authority of India
Meenambakkam
Chennai 600 027.
4.Immigration Officer
FRRS Sastri Bhavan
No.26, Haddows Road
Chennai 600 006.
5 XVII Metropolitan Magistrate Court,
Saidapet.
6. The Public Prosecutor,
High Court of Madras,
Madras.
https://www.mhc.tn.gov.in/judis
06.03.2024
https://www.mhc.tn.gov.in/judis
