Vasanth David v. The Deputy Commissioner of Police

ORDER This Criminal Original Petition is filed to direct the first respondent to withdraw the LOC issued against the petitioner on

23.03.2024 on the recommendation made by the third respondent.

¶2Learned Counsel for the petitioner would submit that the petitioner has been arrayed as accused No.21 in Crime No.90 of 2024 and subsequently, the investigation is also now complete and charge sheet is filed and now, the proceedings are pending for committal in P.R.C.No.1 of 2026. In view thereof, the purpose of LOC can only be to secure a person who is evading the law and cannot be in a manner to permanently block the petitioner / accused from travelling abroad. The petitioner has businesses in UAE., and he wants to travel abroad. When, for that purpose, the petitioner prepared to travel and he was detained at the airport, the petitioner has come up with the present petition.

¶3The prayer is resisted by filing a detailed counter-affidavit. It is stated that even though, initially, the petitioner was not accused and was implicated on the confession, subsequently, it is found that the petitioner had connections with the arms making persons in Bihar and only after tracing out the petitioner being in jail with reference to a case in Bihar, he was produced before the concerned Court. The petitioner was detained in Bikramganj Prison at Bihar with reference to Crime No.27 of 2024 for the offences under Sections 25(1)(b)(a) r/w 26 of the Arms Act. It is also stated that apart from this case, there is also yet another case in Crime No.85 of 2024 against the petitioner. Therefore, it is stated that there is a possibility of the petitioner absconding to some other country during the stage of the trial.

¶4I have considered the rival submissions made on either side and perused the material records of the case.

¶5By the dictum of the Division Bench of this Court in Karti P. Chidambaram Vs. Bureau of Immigration by the order, dated 23.07.2018 in W.P.Nos.21305 and 20798 of 2017, it is made clear that the purpose of LOC is only to bring the person who is eluding the law to books. When the petitioner has already been arrested and released on bail, in the instant case, the LOC cannot be eternally continued, but, at the same time, since the Final Report is now filed and the proceedings are pending committal, the petitioner cannot leave abroad without the express permission of the Trial Court.

¶6In view thereof, this Criminal Original Petition is ordered on the following terms:-

(i) The petitioner shall surrender the original passport before the Trial Court in P.R.C.No.1 of 2026;

(ii) Upon such surrender, the first respondent shall revoke the LOC;

(iii) If the petitioner has to visit abroad, a specific application shall be made before the Committal Court or after the committal, before the Trial Court and shall travel abroad as per the permission that is granted by the Trial Court;

(iv) Needless to mention that the respondents will be in a position to file counter-affidavit when such an application is filed and if and when the petitioner is permitted to go abroad with such conditions, the passport will be returned to him.

07.07.2026 : no grs To

¶1The Deputy Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai – 600 040.

¶2The Assistant Foreigner's Bureau of Immigration, Regional Registration Officer, Chennai International Airport, Chennai – 600 027.

¶3The Inspector of Police, V-5, Thirumangalam Police Station, Chennai District.

¶4The Public Prosecutor, High Court of Madras.

D.BHARATHA CHAKRAVARTHY, J. grs

07.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2026 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Vasanth David .. Petitioner Versus 1. The Deputy Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai – 600 040. 2. The Assistant Foreigner's Bureau of Immigration, Regional Registration Officer, Chennai International Airport, Chennai – 600 027. 3. The State rep. By The Inspector of Police, V-5, Thirumangalam Police Station, Chennai District. .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the 1st respondent to withdraw the LOC issued against the petitioner by the 2nd respondent on 23.03.2024 vide reference no.95/DC/AN/CAMP/2024 originated by the 1st respondent on the recommendation made by the 3rd respondent. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondents : Mr.M.Mohamed Riyaz, Government Advocate (Criminal Side), for RR-1 and 3