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2025 Supreme(Online)(Mad) 69061

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. NIRMAL KUMAR
C.Sivasankaran – Appellant
Versus
State By – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-11-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL.O.P.No. 26696 of 2025 C.Sivasankaran S/o.Late Mr. R. Vallal RCK, Room No.901 Leela Palace, MRC Nagar, RA Puram, Chennai-600 028.

Petitioner/A12 Vs State By, The Inspector of Police, CBI, BS and FC, Bangalore.

Respondent(s)

Prayer: The Criminal Original Petition filed under Section 528 of BNSS, 2023, praying to call for the records relating to the proceedings in Crl.M.P.No.3376 of 2025 in C.C.No.554 of 2023 dated 19.08.2025 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai, set aside the said order and allow the petitioner’s application for permission to travel to Seychelles for the limited purpose of renewal of his biometric passport.

For Petitioner(s): Mr.R.Rajarathinam, Senior Counsel for Mr.S.Ravi for M/s.Srilaw Associates For Respondent(s): Mr.K.Srinivasan Special Public Prosecutor for CBI Cases

ORDER

This Court, on 06.10.2025, had passed the following order: “The learned Senior Counsel for the petitioner submitted that the petitioner filed a petition before the trial Court seeking to remove LOC and permit the petitioner to travel abroad to continue with his business activities and for other commitments and the same was dismissed by the trial Court. Earlier, the petitioner filed W.P.No.27856 of 2024 before this Court and this Court, by the order dated 21.12.2024 had granted permission to the petitioner to travel abroad on certain conditions. In paragraph 18, conditions from (a) to (k) laid. According to condition No.(d), the petitioner was not permitted to visit Seychelles, since India do not have an extradition treaty. The petitioner is a Seychelles national. The further condition is that petitioner's request to travel to Seychelles may be considered later by the trial Court after observing how the petitioner generally abides by the terms of conditions made and after hearing the prosecution and the Foreigner Regional Registration Officer/first respondent therein was directed to monitor the same. In condition No.(j) it is observed that once the conditions are complied for the first time, for future travels to abroad, the petitioner is required to intimate the trial Court and the investigating agency, but subject to the compliance of the conditions therein stated on each of the occasions. In condition No.(k), it is observed that the trial Court can modify the conditions after closely observing how the conditions therein work and how well the petitioner comply with the conditions, but after hearing the prosecution.

2. Thereafter, the petitioner filed W.M.P.No.22920 of 2025 seeking clarification, in Para No.18(j) of the order dated 21.12.2024. This Court, by the order dated 11.06.2025, clarified with regard to the conditions laid and relaxation of condition in 18(j), compliance of conditions 18(b) and (c) recorded. Thereafter the petitioner traveled to Singapore for a period of one week during January, 2025, thereafter to London during June, 2025. The petitioner travelled to London specifically to change his handwritten passport to bio-metric passport, since in some of the countries, biometric passport is necessary. Earlier the petitioner during March, 2025 attempted to travel to Dubai, and he was not permitted to board the flight for the reason he is holding handwritten passport, alternatively he travelled to London to change his passport to bio-metric.

3. The learned Senior Counsel further submitted that the petitioner addressed a letter dated 25.08.2025 to the High Commission of the Republic of Seychelles, New Delhi about the difficulties he faced and sought permission to convert handwritten passport into bio-metric passport. The High Commission of Seychelles replied to the petitioner on 12.09.2025 informing that the Seychelles High Commission in New Delhi, does not have the facilities to issue Seychelles Passport. Further to obtain a new passport, service offered is in four countrie

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