CHITRA PRASANNA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ petition is filed to quash the impugned order dtd. 4/11/2023 in Crl.M.P.No.12309 of 2023 in C.C.No.347 of 2023 on the file of the learned Judicial Magistrate, Paramakudi and consequently to direct the respondents 1 and 3 to withdraw the look out circular as against the petitioner for securing job in Finland and from preventing the petitioner for travelling abroad and detaining and arresting the petitioner in any immigration (entry or exit) point in India.

(2.) The petitioner is facing charges under Ss. 498 (A) and 294(b) of IPC and Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sec. 4 of Dowry Prohibition Act, 1961. In the trial process, totally there are four accused. Among four accused, this petitioner is the second accused, shown as absconding. He moved anticipatory bail application before this Court in Crl.O.P(MD).No.17275 of 2023. That was also considered by this Court and granted anticipatory bail to the petitioner with condition. The above said condition was also complied by the petitioner on 26/10/2023.

(3.) Pending the trial process, look out notice was issued against the petitioner. That was also challenged before this Court for filing writ petition in W.P.(MD).No.25416 of 2023. That was also considered and directed the petitioner to move application before the concerned Court seeking permission to visit abroad on his job nature. In pursuance of the above said order, the petitioner approached the trial Court by filing Crl.M.P.No.12309 of 2023 in C.C.No.347 of 2023 that was heard by the trial Court noting that the trial commenced, if the petitioner is permitted to go abroad, it will hamper the trial process, the petitioner may not return to India, on that ground, the trial Court did not incline to allow the petition. The petitioner also filed quash petition in Crl.O.P.(MD).No. 18951 of 2023. It is also seen that the petitioner filed a miscellaneous petition in Crl.M.P.(MD).No.14972 of 2023 seeking dispensing his personal appearance before the trial Court. That was also considered by this Court with some conditions, he was ordered to file an undertaking affidavit before the trial by affixing his recent photograph undertaking that he will appear before the trial Court as and when required. But the above said order copy is not made ready till today, so he could not comply with the order as on today.