Kerala High Court
Linda Mathew vs Union Of India on 4 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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WP(CRL.) NO. 761 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(CRL.) NO. 761 OF 2023
PETITIONER/S:
LINDA MATHEW
AGED 36 YEARS
W/O MATHEW MAMMOOTTIL JOHNS, CHITTOOPARAMBIL
HOUSE, VII/476-A, WEST ANGADI, KORATTY P.O.,
THRISSUR ., PIN - 680308
BY ADVS. SRI.SANIL JOSE
SRI.K.P.ANTONY BINU
RESPONDENT/S:
1 UNION OF INDIA
MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL
SECRETARIAT, NEW DELHI, REPRESENTED BY THE HOME
SECRETARY., PIN - 110001
2 BUREAU OF IMMIGRATION
GOVERNMENT OF INDIA, COCHIN INTERNATIONAL
AIRPORT, NEDUMBASSERY, REPRESENTED BY THE
ASSISTANT DIRECTOR, PIN - 683585
3 ENFORCEMENT DIRECTORATE
KOCHI ZONAL OFFICE, MULLASSERY CANAL ROAD (WEST),
ERNAKULAM , REPRESENTED BY THE DEPUTY DIRECTOR.,
PIN - 682011
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WP(CRL.) NO. 761 OF 2023
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4 DEPUTY DIRECTOR
ENFORCEMENT DIRECTORATE, GATE NO.3, C BLOCK,
PRAVARTAN BHAVAN, APJ ABDUL KALAM ROAD, NEW
DELHI, PIN - 110011
BY ADVS.
SHRI.V.GIRISHKUMAR, SENIOR PANEL COUNSEL
SHRI.JAISHANKAR V.NAIR, SC, ENFORCEMENT
DIRECTORATE
SHRI.C.DINESH, CGC
SRI HRITHWIK CS, SR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 761 OF 2023
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.761 of 2023
----------------------------------------------
Dated this the 04th day of June, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. issue a writ in the nature of mandamus or any
other appropriate writ, order or direction, directing
the respondents to recall the Look Out Circular
issued against the petitioner that has restrained
her from travelling abroad.
ii. issue such other writ, order or direction as this
Honourable Court deems fit and proper in the
circumstances of the case.
iii. dispense with the production of English translation
of documents in vernacular language which are
produced as documents in the above Writ Petition.
(SIC)
2. When this writ petition came up for consideration on
16.08.2023, this Court passed the following order:
"Petitioner seeks for a direction to recall
the look out circular issued against her,
restraining her travel abroad.
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2. Petitioner alleges that she and her family
have been residing in Dubai for the last eight
years. While on a travel to India on 28-10-2022,
at the Airport, she was informed that a look out
circular is pending against her in a crime
involving her sister and that she needs to appear
before the 3rd respondent. In obedience to the
information, she appeared and participated in
the proceedings and was interrogated for several
days from 15.11.2022. Petitioner contends that
though all details were given the look out
circular has not been withdrawn.
3. On an earlier occasion, petitioner was
permitted to travel abroad by an order of this
Court dated 27-02-2023. After she travel to
Dubai, she returned on 6-07-2023 and again
requested for withdrawal of the look out circular.
She has as directed by this Court, filed a petition
requesting to withdraw the look out circular.
4. Petitioner's elder daughter is studying in
Dubai and her younger daughter had undergone
a surgery at Dubai and hence it is contended that
petitioner has to be with her family at Dubai. It is
alleged that her elder daughter's school is
reopening on 28/8/2023 and for various
preparations, her presence at Dubai is essential.
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5. The learned Standing counsel for the 3rd
and 4th respondents seeks time to get
instructions.
6. Since it is submitted by the counsel for
the petitioner that she has already appeared for
interrogation before the Enforcement
Directorate without fail and is also willing to
appear as and when required and has even
submitted Ext.P10 representation, requesting for
withdrawal of the lookout circular, which is
under consideration before the 4th respondent, I
am of the view that petitioner ought to be
permitted to travel abroad for a longer period of
time, notwithstanding the pending lookout
circular.
7. The lookout circular issued against the
petitioner restricts her right to travel abroad.
She and her family were living in Dubai when the
look-out circular was issued. She is not yet
named as an accused in any case. Hence,
respondents, 3 and 4 can only insist on her
appearance before them as and when required.
The restriction on her right to travel abroad
cannot be imposed in the absence of any law
permitting such imposition. Therefore, I am of
the view that the petitioner ought to be
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permitted to travel abroad on condition, during
the pendency of this writ petition.
8. Therefore the lookout circular issued
against the petitioner is hereby kept in abeyance
for a period of six months to enable the
petitioner to travel abroad without any
restrictions subject to the condition that as and
when 3rd or 4th respondents request her
presence in India, she shall appear without fail.
Further, before she undertakes such a travel, the
details of her residence and her contact number
at Dubai shall be submitted to the 4th
respondent, if not already provided.
9. It is clarified that respondents 3 and 4
will be at liberty to bring up the matter as and
when circumstances require.
10. Apart from the above, the 4th
respondent is directed to consider Ext.P10
representation as expeditiously as possible and
pass appropriate orders thereon within a period
of three months from today.
In view of the above, the 2nd respondent
shall not restrain petitioner's travel outside India
based upon the summons issued in file
No.ECIR/54/DLZO-II/2021.
Ordered accordingly."
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3. In the above order, this Court allowed the petitioner
to go abroad for six months. It is submitted that after that
period also, she is staying at Dubai. The counsel for the
petitioner submitted that the petitioner is ready to appear
before the respondents as and when required. In the interim
order itself it is stated that the details of residence and contact
number at Dubai should be served to the 4 th respondent. The
petitioner will do the needful in accordance with law. Now the
grievance of the petitioner is that the Look Out Circular issued
against the petitioner is only kept in abeyance by this Court
earlier. This Court, in the order dated 16.08.2023, directed the
4th respondent to consider Ext.P10 in which the prayer is to
recall the Look Out Circular. The counsel for the respondent
submitted that the presence of the petitioner is necessary for
deciding the same.
4. If that is the case, the respondents can issue notice
to the petitioner for appearance to decide finally Ext.P10. If
such a notice is issued, the petitioner will appear and thereafter
the competent authority will consider Ext.P10 and pass
appropriate orders.
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With the above direction and retaining the order dated
16.08.2023, this writ petition is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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WP(CRL.) NO. 761 OF 2023
APPENDIX OF WP(CRL.) 761/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE PASSPORT OF THE
PETITIONER DATED 24/8/2015 BEARING
NO.N2181085
Exhibit P2 TRUE PHOTOCOPY OF THE SUMMONS DATED
7/11/2022 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE PHOTOCOPY OF THE MEDICAL REPORT
DATED 26/7/2022 ISSUED BY MEDCARE
HOSPITAL AND MEDICAL CENTER, DUBAI
Exhibit P4 TRUE PHOTOCOPY OF THE MEDICAL REPORT
DATED 13/8/2022 ISSUED BY HEALTH HUB,
AI NAHDA, DUBAI
Exhibit P5 TRUE PHOTOCOPY OF THE MEDICAL REPORT
DATED 18/8/2022 ISSUED BY ZULEKHA
HOSPITAL, DUBAI
Exhibit P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED
27/2/2023 IN WP(CRI).NO.81/2023 OF THIS
HON'BLE COURT
Exhibit 7 TRUE PHOTOCOPY OF THE ORDER DATED
5/6/2023 IN I.A.NO.1/2023 IN
WP(CRI).NO.81/2023 OF THIS HON'BLE
COURT
Exhibit P8 TRUE PHOTOCOPY OF THE MEDICAL REPORT
DATED 19/6/2023 ISSUED BY THE ZULEKHA
HOSPITAL, DUBAI
Exhibit P9 TRUE PHOTOCOPY OF THE EMAIL DATED
8/7/2023 SENT BY THE PETITIONER TO THE
INVESTIGATING OFFICER MR. RATISH MISHRA
Exhibit P10 TRUE PHOTOCOPY OF THE REQUEST LETTER
DATED 14/7/2023 PREFERRED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
RESPONDENT EXHIBITS
Exhibit R3(a) True copy of the email dated 20.02.2025
PETITIONER EXHIBITS
Exhibit P11 True photocopy of the email dated
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WP(CRL.) NO. 761 OF 2023
8.11.2022 sent by the petitioner to the
investigating officer Mr.Ratish Mishra
