O R D E R

The petitioner has filed this writ petition alleging that the fourth respondent has abuse his power and illegally detained him and therefore, entitled for a compensation of Rs.20,00,000/- for the illegal detention from 02.03.2019 at about 10.00 a.m., to 03.03.2019 at about 05.30 p.m.

2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents.

3. The case of the petitioner is that on 01.02.2006, when he was returning from home after finishing his work at about 10.30 p.m., riding his motorcycle bearing Registration No.TN 49 H 4997, he was hit by one unknown vehicle and due to the said accident he sustained multiple fracture and injury and was treated as inpatient for several weeks. In this connection, he gave a complaint to the Traffic Investigation Wing, Thanjavur and the same was registered in Crime No.42 of 2006 under Sections 279 and 337 IPC. While so, he filed motor accident claim petition seeking compensation for the injury and in his petition in M.C.O.P.No.1057 of 2006, he was awarded a sum of Rs.50,000/- as a compensation.

4. While fact being so, the Senior Divisional Manager of the National Insurance Company lodged a complaint against the petitioner and two others for making a false insurance claim. Based on the complaint given by the insurance company, case was registered against the petitioner and two others in Crime No.6 of 2010 on the file of CBCID Police Station, Thanjavur, for the offence punishable under Sections 420 419 @ 464 r/w 465, 471 r/w 468 IPC. Final report was filed and taken on file by the Judicial Magistrate, Thiruvaiyaru in C.C.No.228 of 2015. The grievance of the petitioner herein is that pending criminal case, he has gone abroad frequently and at one point of time non-bailable warrant was issued against him for non appearance, however, the same was later recalled. When there is no impediment for him to travel abroad, the respondent police has issued Lookout Circular and same was in force even after the NBW was recalled. In such circumstances, when he planned his travel abroad on 02.03.2019 and went to Bangalore Airport, the Emigrant officer, who is the fourth respondent herein took him separately and seized all his belongings including passport and finally detained him stating that LOC has been given against him. Thereafter, the third respondent, who received information from the Emigrant officer came to Bangalore and took the petitioner into custody and produced before the Judicial Magistrate, Thiruvaiyaru at about 5.30 pm.

5. The petitioner has came to Court alleging that the issuance of Lookout Circular, detention at Bangalore Airport, arrest and production before the Judicial Magistrate is illegal and the illegal detention of 32 hours to be compensated in addition the erred officials has to be proceeded with departmental action.

6. The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner herein in connivance with two others had made fake insurance claim and succeeded. When this was taken cognizance based on the complaint given by the insurance company, CBCID proceeded with investigation and filed final report. The petitioner and other accused did not co-operate with the trial and frequently, they were absent and NBW was issued against this petitioner as early as on

28.12.2016 and was pending for nearly one year.

7. The learned Judicial Magistrate having noted the pendency of NBW against the petitioner herein for more than a year ordered surety action on 20.10.2017. In the said circumstances, coming to know that the petitioner, without intimation to the Court, being frequently visiting abroad and not attending the Court, Lookout Circular was issued.

8. In the said circumstances, on 27.12.2017, the petitioner herein voluntarily surrendered before the Judicial Magistrate and the warrant was recalled. Since the said fact not been brought to the notice of the Emigrant authorities, the Lookout