Case Note & Summary
The case arose from a criminal original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Dinesh Kumar, an Assistant Manager (Electrical) at Larsen & Toubro in Saudi Arabia, seeking withdrawal of a Look Out Circular issued against him in connection with Crime No. 16 of 2021 pending before the second respondent police station. The petitioner was arrayed as an accused in the case registered under Section 420 of the Indian Penal Code. While traveling to India, he was arrested at Coimbatore Airport based on the LOC and was subsequently released on bail by the Judicial Magistrate No. 1, Tirunelveli. After his release, he learned about the existence of the LOC and filed the petition contending that since he had already been arrested and granted bail, the purpose of the LOC had been served and it should be withdrawn. The prosecution opposed the plea, arguing that the case involved serious offences, a trial was pending, and there was a possibility that the petitioner might flee abroad and not appear for trial. A quash petition filed by the petitioner was also pending before the High Court. The court, after hearing both sides and perusing the records, noted that it was an admitted fact that the petitioner was the accused in the case and no other case was pending against him. The LOC was issued solely to secure his presence in connection with Crime No. 16 of 2021. Once he was arrested and released on bail, the objective of the LOC was achieved. The court held that a Look Out Circular becomes redundant once the accused is apprehended and bail is granted. It directed the respondents 1 and 2 to withdraw the LOC and observed that since the trial court had already granted bail, it was for the trial court to take appropriate steps to ensure the petitioner’s appearance in accordance with law. Ultimately, the criminal original petition was allowed.
Headnote
A) Criminal Procedure - Look Out Circular - Purpose of LOC is to secure accused; once accused arrested and granted bail, LOC serves no further purpose and must be withdrawn - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, Section 420 - The petitioner was arrested upon arrival and subsequently released on bail, thereby satisfying the objective of the LOC; thus, the pending LOC was quashed - Held that once bail is granted, the trial court is responsible for ensuring the accused's appearance, and the LOC is no longer necessary (Paras 5-6).
Issue of Consideration
Whether the Look Out Circular issued against the accused should be withdrawn after the accused has been arrested and released on bail?
Final Decision
The Criminal Original Petition was allowed. The respondents 1 and 2 were directed to withdraw the Look Out Circular issued against the petitioner in connection with Crime No.16 of 2021.
Law Points
- Purpose of Look Out Circular is to secure accused
- if accused arrested and released on bail
- LOC becomes redundant
- trial court to ensure appearance.
