Rithanya v. The State of Tamilnadu

ORDER The petitioner / A2 in Cr.No.25/2021 registered for the offences under Section 120B, 420 IPC filed this petition seeking to withdraw the Lookout Circular issued against her.

¶2The learned counsel for the petitioner submitted that the petitioner is not involved in this case and she has been falsely implicated. The petitioner and other accused had filed an Anticipatory Bail petitions in Crl.O.P.Nos.19796, 19798 & 18417 of 2021 and the same were dismissed and thereafter, the petitioner was arrested and remanded to judicial custody on 07.04.2025. The learned counsel for the petitioner further submitted that the petitioner had now been released on bail and appearing before the respondent police for nearly 500 days and now the petitioner understands that investigation is almost over and further retention of Lookout Circular is not required. The petitioner had also executed sufficient sureties and also undertook to appear before the trial Court and participate in trial in the event of positive charge sheet. Hence, the Page3 of 6 petitioner seeks direction to remove the Lookout Circular as she is willing to travel abroad. Since, the right to travel is a fundamental right and it cannot be denied without any proper reasons, the petitioner has filed the present petition.

¶3Learned Additional Public Prosecutor had filed counter narrating the course of investigation that the petitioner had actively participated in a business in the name of "Rudhra Trading" in collusion with entities including "Navigator Zone Pvt. Ltd." and promoted fraudulent investment schemes and thereby, amassed over 25 Crores collected as deposits from around 300 investors. He further submitted that the accused was arrested on 07.04.2024 and thereafter, let out on bail. The Lookout Circular has been issued against the petitioner to ensure the petitioner's participation in the investigation and during trial. Now, the investigation is almost completed except for collecting certain documents and after collecting these documents, the charge sheet would be filed.

¶4Since the investigation is pending and there is an apprehension of the respondent police that the petitioner might abscond, this Court is not inclined to entertain this petition. Further, in this case there is no immediate reason shown for what the petitioner needs to travel abroad. If the petitioner files a petition to suspend the Lookout Circular for a limited period, by furnishing proper reasons for her travel to abroad and undertakes to appear before the concerned Court or the respondent police, the same may be considered by the trial court. Page4 of 6

¶5In view of the above, this Criminal Original Petition is dismissed. 08-04-2026 Index: Yes/No Speaking/Non-speaking order BKN Page5 of 6 To:

¶1The Office of the Commissioner of Police, State of Tamilnadu Chennai.

¶2The Inspector of Police, EOW II, Chennai. Cr.No.25 of 2021.

¶3Public Prosecutor, Madras High Court. CRLoOPoNo.o6040oofo2026 M.NIRMALoKUMAR,oJ. BKN CRLoOPoNo.o6040oofo2026 08-04-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Rithanya D/o. Chandrasekaran, Jaya Shree 1st Floor, No.55 (Old No.23), Moosa Sait Street, T.Nagar, Chennai - 600 017. ..Petitioner(s) Vs 1. The State of Tamilnadu Office of the Commissioner of Police, Chennai. 2. State by, The Inspector of Police, EOW II, Chennai. Cr.No.25 of 2021. 3. Regional Passport Office Chennai Royala Towers No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 2. ..Respondent(s) Criminal Original Petition is filed under Section 528 BNSS to direct the 2nd respondent police to withdraw the Lookout Circular issued as against the petitioner in connection with the Cr.No.25 of 2021 dated 08.09.2021 pending investigation on the file of the 2nd respondent police and consequently direct the 2nd respondent to communicate the order of lifting of Travel restriction Page2 of 6 imposed in pursuant to above said Look Out Circular to the immigration office. For Petitioner(s): Ms/D.Nandhini For Respondent(s): M/S. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PP For R1 & R2 Assisted by Ms.Harashana.T