K.C. PALANISAMY Vs. CHANDRAN RATNASWAMI

JUDGEMENT

(1.) This Writ Appeal is filed against the interim order dated 14.3.2013 passed by the learned Single Judge of this Court in M.P. No. 2 of 2013 in W.P. No. 2740 of 2013, which was filed by the First Respondent herein viz., Chandran Ratnaswami, a Canadian Citizen with a prayer to direct the 6th Respondent in the Writ Petition/7th Respondent herein viz., Ministry of Home Affairs, Bureau of Immigration, South Block, New Delhi-1 and its constituent officers at the Airports to permit him to travel into or out of India freely and without any obstruction, as a result of the Non-Bailable arrest Warrant dated 27.9.2012, issued against him individually and as representative of O.R.E. Holdings Limited and Odyssey America Reinsurance Corporation, in respect of C.C. No. 162 of 2012, pending on the file of the Judicial Magistrate Court No. III, Erode, and the alleged Look-out Notice dated 9.1.2013, pending disposal of the Writ Petition. The learned Single Judge allowed the said M.P. No. 2 of 2013 in W.P. No. 2740 of 2013 on 14.3.2013 by passing the following order:

(2.) The above said order is challenged in this Writ Appeal contending that granting mandatory relief to the First Respondent in the Writ Appeal, who is an Accused in C.C. No. 162 of 2012 on the file of the Judicial Magistrate Court No. III, Erode, to leave the country during pendency of the S.L.P.(C) No. 1924-1926 of 2013, which is posted for hearing on 3.4.2013 before the Hon'ble Supreme Court is not proper; that the First Respondent played fraud on the Court of Judicial Magistrate No. III, Erode and caused to recall the warrant on 4.3.2013 by suppressing the order passed by this Court on 29.1.2013 & 1.2.2013; and that, the First Respondent filed surrender Petition alone, without filing bail Petition before the learned Judicial Magistrate Court No. III, Erode.

(3.) Heard Mr. V. Lakshminarayanan, learned Counsel appearing for the Appellant; Mr. Nageshwara Rao, learned Senior Counsel appearing for the First Respondent; Mr. S. Shunmugavelayutham, learned Public Prosecutor for Respondents 2, 3, 5 & 6; Mr. Karthick Seshadri, learned Counsel for 4th Respondent; and Mr. V. Parivallal, learned Central Government Standing Counsel for 7th Respondent/Ministry of Home Affairs.