(Prayer: The writ petition (Criminal) filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st respondent to withdraw the look out circular pursuant to the FIR in Crime No.119/2022 and permit the petitioner to travel abroad and pass such further or other orders as this Honble Court.)
1. The petitioner/accused in crime No.119 of 2022 for offences under Sections 409, 420, 465, 467, 471 and 120B IPC filed this petition seeking to withdraw the Look Out Circular issued pursuant to this crime number and permit the petitioner to travel USA.
2. The contention of the petitioner is that the petitioner was a Director of M/s.Jim Forex Pvt. Ltd., engaged in international money Trading business and the company is no more in existence now. Earlier, in the year 2022, there was some financial transactions with the de facto complainant M/s.Eesaa Constructions Pvt. Ltd., who sought financial assistance. A retired Navy Captain Thanickachalam and one Katachi Manoj of M/s.Ritchi Health Care Pvt. Ltd., introduced the petitioner to them. As per understanding, M/s.Ritchi Health Care Pvt. Ltd., agreed to provide financial help to the tune of Rs.9crores on condition that de facto complainant pay an advance of Rs.6.25 crores. Out of which, Rs.75,00,000/- was paid in the account of M/s.Jim Forex Pvt. Ltd., and Rs.5.50 crores to Siddheshwari Trading Company. For some reason, the financial assistance could not be fullfilled and completed.
3. This transaction is now projected against the petitioner as though petitioner took active part in the transaction and benefited, received Rs.75,00,000/-. Further, submitted that the petitioner was arrested and later, come out on bail on 03.09.2022 in Crl.M.P.No.8979 of 2022 by order of the Judicial Magistrate No.II, Chengalpattu, one of the condition is that the petitioner to appear before the respondent police daily, which was complied. Thereafter, the condition was modified directing the petitioner to appear before the respondent police weekly once, which also complied with. Thereafter, the appearance of the petitioner was only a ritual and no enquiry done. The respondent police informed that as and when her presence is required, she will be informed.
4. Now, she is facing trial in two cases and she is appearing before the trial Court regularly either personally or through her counsel. But now Look Out Circular issued, denying the petitioner to travel visit her daughter, whose marriage to be held during January/ February 2026 and her son, who is residing in USA. Her right to travel is a fundamental right and cannot be curtailed or denied and sought removal of Look Out Circular.
5. The de facto complainant filed impleading petition and the same was allowed. According to de facto complaint, the petitioner gave false address in the affidavit and she claims to be residing in Anna Nagar East. However, address furnished by the petitioner belongs to her former husband Mr.Mahesh Rayan, who divorced the petitioner 10 years back and the petitioner thereafter not residing in the said address. The petitioner involved in two other criminal cases in C.C.No.2711 of 2017 and C.C.No.2677 of 2018 pending before the Special Judge for CCB and CBCID cases for trial. Both cases is for cheating and misappropriation. The petitioner projected herself to be resourceful and influential person, having wide contacts and can secure medical seat and thereby, cheated several aspirants. Both cases now ready for trial, next hearing date in the first case is on 29.01.2026 and the second case is on 19.01.2026. At this stage, if the petitioner permitted to visit USA, she will abscond and not appear before the trial Court and trial of both cases will be stalled. Further, in this case, investigation is entering a final stage soon final report to be filed. He gave a tabulation about the transactions;
| Date | Transcations | Amount | |
| From | To | ||
| 01.03.2022 | Eessa Constructions pvt. Ltd (ICICI Bank, Siruseri) | M/s.Jim Forex Pvt. Ltd., (City Union Bank Mount Road Branch) | Rs.75,00,000/ |
| 02.03.2022 | M/s.Jim Forex Pvt. Ltd (City Union Bank Mount Road Branch) | Aventura Textiles (City Union Bank Anna Nagar Branch) | Rs.75,00,000/ |
| From 02.03.2022 | Aventura Textiles (City Union Bank Anna Nagar Branch) | Lydia Rayan (AXIS bank Thirumangalam Branch) | Rs.45,00,000/ |
| From 02.03.2022 | Aventura Textiles (City Union Bank Anna Nagar Branch) | RBR Trade Link Company (AXIS Bank) | Rs.30,00,000/ |
| 04.03.2022 | Lydia Rayan (AXIS Bank, Thirumangalam Branch) | RBR Trade Link Company (AXIS Bank) | Rs.8,00,000/- |
| 05.03.2022 | Lydia Rayan (AXIS Bank, Thirumangalam Branch) | RBR Trade Link Company (AXIS Bank) | Rs.4,50,000/- |
| 02.03.2022 | RBR Trade Link Company (AXIS Bank) | Rajesh Chandra (ICICI Bank) | Rs.30,00,000/ |
| Rajesh Chandra (ICICI Bank) | Lydia Rayan’s Son | Rs.30,00,000/ | |
7. The learned Govt. Advocate (Crl.Side) submitted that the petitioner is a habitual offender, who committed similar offences. Earlier, in the year 2018, she had two criminal cases (C.C.No.2711 of 2017 and C.C.No.2677 of 2018) and after investigation, charge sheet filed. Both the cases trial is in progress. As far as this case is concerned, the petitioner along with Katachi Manoj (A3), Thanikachalam (A4), Siddheshwari & Co. (A5), M/s.Jim Forex Pvt. Ltd., (A6), Dr.Amit (A7), Azizc Patel (A8), Vijaya Kumar owner of Siddheshwari Trading Company (A9), Ravisankar Bharathi (A10) and Gowtham (ICICI Bank Manager) (A11) committed offences. Now five more persons were arrested. There are 11 accused in this case. A1 arrested and detained under Act 14, A2 arrested, for A3- 41 A notice issued, A5 & A6 are the companies, A7 arrested and detained under Act 14, A8 arrested, A9 Anticipatory bail granted, A10 Anticipatory bail granted, for A11 41A notice issued.
8. In this case, investigation almost completed. The trail of Rs.5.5.crores more has to be traced and tracked, to the four accounts. The account details collected and the persons handling the amounts confirmed, petitioner played active role received Rs.75,00,000/-, enriched herself made unlawful gain, cause unlawful loss to the Defacto complainant. The petitioner is not residing in the address given in the affidavit. It was confirmed that her Ex-husband residing there, the petitioner got divorced 10 years back. The petitioner’s former husband enquired, who informed that her whereabout not known. The petitioner has no permanent address. Further, some amounts directed out of India and these amounts have to be recovered. Petitioner’s daughter and son are residing in USA, who are enjoying the ill-gotten money running to several crores. The petitioner wantonly showing the Inspector of Police, Thalambur Police Station as respondent, knowingwell case in crime No.119/2022 already transferred to the CCB Police. The CCB police are investigated the case, soon to file charge sheet. Hence, strongly opposed.
9. Considering the submissions made and perusal of materials available on record and considering the antecedents of the petitioner,her involvement in two more cases of similar Nature further it is found perititoner’s furnished false address not approached the Court with clean hands. In view of the above, this Court is not inclined to grant any relief and the writ petition (criminal) is liable to be dismissed. Accordingly, the writ petition (criminal) is dismissed.