IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.OP.No.637 of 2022

S.Sadasivam

... Petitioner

Vs.

1.The Superintendent of Police,

Coimbatore, Coimbatore District.

2.The Inspector of Police,

District Crime Branch,

Coimbatore.

... Respondents

Prayer: Criminal Original Petition has been filed under Section

482 Cr.P.C to direct the respondents to withdraw Lookout

circular (LOC) issued as against the petitioner in crime No.15

of2021 on the file of the 2^nd respondent.

For Petitioner : Mr.R.C.Paul Kanagaraj

For Respondents : Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the

respondents to withdraw Lookout circular (LOC) issued as against

the petitioner in crime No.15 of2021 on the file of the 2^nd

respondent.

2.The petitioner, who is the first accused in Crime No.15 of

2021 for offences under Sections 406 and 420 IPC, has filed this

petition seeking direction to withdraw Lookout circular (LOC)

issued as against the petitioner.

3.The contention of the learned counsel for the petitioner

is that the petitioner, on registration of the case, filed an

Anticipatory Bail before this Court in Crl.O.P.No.16360 of 2021

and this Court by order dated 13.09.2021 granted Anticipatory

bail. During Anticipatory Bail, intervenor appeared and made his

objection. The grievance of the intervenor was that the

https://hcservices.ecourts.gov.in/hcservices/

petitioner lured the intervenor to invest money in his business

and assured that 40% profit of the amount, based on which, the

intervenor/defacto complainant invested a sum of Rs.20 lakhs and

later, it was not paid.

4.This Court by its order dated 13.09.2021 in

Crl.O.P.No.16360 of 2021 directed the petitioner to deposit a

sum of Rs.5,00,000/- to the credit of Crime No.15 of 2021. The

petitioner, as per the direction of this Court dated 13.09.2021,

deposited a sum of Rs.5,00,000/- before the Judicial Magistrate

No.I, Pollachi(FAC), on 12.10.2021 in receipt No.10373. Further,

the petitioner submits that earlier to the Anticipatory Bail,

the petitioner paid a sum of Rs.10,00,000/- to the defacto

complainant is not in dispute and thereafter, the balance sum of

Rs.5,00,000/- was paid. The entire amount of Rs.20,00,000/- was

paid.

5.Now, the petitioner submits that further continuation of

the investigation in Crime No.15/21 is not required. Be that as

it may, one thing is certain that the petitioner was granted

anticipatory bail by this Court in Crl.O.P.No.16360 of 2021 on

13.09.2021. Thereafter, as per the direction of this Court, he

paid Rs.5,00,000/- before the Judicial Magistrate No.I, Pollachi

(FAC) in receipt No.10373. Now, the petitioner is on bail. The

petitioner and his wife are now planning to leave for San

Francisco, where, the petitioner’s son is employed and residing.

He further submits that no restriction is imposed by this Court

or any Court. During the investigation, the respondent police

though the Superintendent of police, Coimbatore District to

Immigration authorities requesting issue of lookout circular

(LOC), LOC was opened. The petitioner unknowingly when he came

back from USA, he was detained in Cochin Airport, thereafter,

handed over to the respondent police, at that time, the

petitioner transferred Rs.10,00,000/- to the account of the

defacto complainant, which was a Bank transfer. Now, after

obtaining bail, keeping LOC in force not required, LOC cannot be

kept pending endlessly restraining free movement.

6.The learned Additional Public Prosecutor submits that the

LOC was opened against the petitioner on the request of the

Superintendent of Police, Coimbatore, who provided the details

of the petitioner on 30.04.2021. The petitioner is holding

passport No.Z2910332. He confirms the peti