A LOC can be issued, when the accused evades arrest or does not appear in Court or is likely to leave the Country. After a year, the Investigating Officer must renew the LOC or issue a fresh one.
One of Odisha’s richest businessmen [supposedly] caused a murder in 2016. Mahimananda Mishra had fled to Thailand via Nepal and was arrested only on deportation pursuant to the issuance of a Look Out Circular.
The Orissa HC granted bail recently on the ground that there is no prima facie material to establish Mahimananda’s involvement in the conspiracy to murder the deceased.
The SC responded: “The Respondent is an influential person in his locality, in terms of both money and muscle power. There is a reasonable apprehension that he might tamper with or otherwise adversely influence the investigation. The High Court in observing that there was no possibility of the Respondent’s absconding in light of his being a local businessman, not only completely overlooked his past attempt to evade the process of law, but also overlooked the implications of the clout enjoyed by him in the community. The Respondent be taken into custody forthwith.”
– Hon’ble Justice Mohan M. Shantanagoudar, The State of Orissa v. Mahimananda Mishra, [Criminal Appeal No. 1175 of 2018].