Citation : 2026 Latest Caselaw 275 Ker
Judgement Date : 13 January, 2026
2026:KER:2072
W.P.(Crl)No.1643 of 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA,
1947
WP(CRL.) NO. 1643 OF 2025
PETITIONER:
LINDA MATHEW,
AGED 38 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.P.G.SUDHEESH
SRI.BONNY BENNY
SRI.K.P.ANTONY BINU
SHRI.AMALJITH
RESPONDENTS:
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 DEPUTY
2026:KER:2072
W.P.(Crl)No.1643 of 2025 2
DIRECTOR, PIN - 682011
4 DEPUTY DIRECTOR
ENFORCEMENT DIRECTORATE, GATE NO.3, C BLOCK,
PRAVARTAN BHAVAN, APJ ABDUL KALAM ROAD, NEW
DELHI -, PIN - 110011
BY ADV
SMT.O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
SRI.JAISHANKAR V. NAIR, SC FOR ED
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:2072
W.P.(Crl)No.1643 of 2025 3
K.BABU, J.
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W.P.(Crl) No.1643 of 2025
---------------------------------------------
Dated this the 13th day of January, 2026
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:-
"(i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to conduct personal hearing on Exts.P10 and P13 representations preferred by the petitioner and to conduct the hearing at their Ernakulam Office, to secure ends of justice;
(ii) issue such other writ, order or direction as this Honourable Court deems fit and proper in the circumstances of the case; and
(iii) dispense with the production of English translation of documents in vernacular language which are produced as documents in the above Writ Petition."
2. The petitioner and her family are residing in Dubai for
employment purposes. A PMLA proceeding bearing file
No.ECIR/54/DLZO-II/2021 has been registered against the sister
and brother-in-law of the petitioner. Respondent No. 4 issued
summons to the petitioner requiring her appearance before the
competent authority. Subsequently, Respondent No. 4 issued a
Look Out Circular (LOC) against the petitioner. Thereafter, the
petitioner appeared before Respondent No. 4 on 09.11.2022.
Subsequently, the petitioner submitted Exts.P10 and P13
representations before respondent Nos. 3 and 4 seeking recall of 2026:KER:2072
the LOC. The grievance of the petitioner is that respondent Nos. 3
and 4 have not finally disposed of Exts.P10 and P13
representations.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for respondent Nos. 3 and 4.
4. The learned Standing Counsel for respondent Nos. 3
and 4 submitted that Exts. P10 and P13 could be disposed of only
after the production of the required documents by the petitioner.
The learned Standing Counsel further submitted that the
petitioner has not produced the required documents. The learned
Standing Counsel submitted that respondent Nos. 3 and 4 have no
objection to the petitioner leaving India for business purposes
subject to the condition that she shall appear before the
competent authority as and when required.
5. The learned counsel for the petitioner submitted that
the petitioner will produce the documents required by the
competent authority as early as possible.
6. Therefore, the Writ Petition is disposed of directing
respondent Nos. 3 and 4 to dispose of Exts.P10 and P13 within
four months from the date of production of a certified copy of this
judgment. It is made clear that the petitioner can travel abroad.
7. The operation of Look Out Circular (LOC) issued 2026:KER:2072
against the petitioner shall be kept in abeyance subject to the
condition that the petitioner shall appear before the competent
authority as and when required.
Sd/-
K.BABU JUDGE VPK 2026:KER:2072
APPENDIX OF WP(CRL.) NO. 1643 OF 2025
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 HEALTHHUB, AL 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(CRL).NO.81/2023 OF THIS HON'BLE COURT
Exhibit -P7 TRUE PHOTOCOPY OF THE ORDER DATED 5/6/2023 IN I.A.NO.1/2023 IN WP(CRL).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 2026:KER:2072
Exhibit -P11 TRUE PHOTOCOPY OF THE ORDER DATED 16/8/2023 IN W.P.(CRL).NO.761/2023 OF THIS HON'BLE COURT
Exhibit -P12 . TRUE PHOTOCOPY OF THE JUDGMENT DATED 4/6/2025 IN W.P. (CRL).NO.761/2023 OF THIS HON'BLE COURT
Exhibit -P13 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 20/8/2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENTS
Exhibit -P14 TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY DATED 22/7/2025 ISSUED BY CARITAS HOSPITAL, KOTTAYAM
Exhibit -P15 TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY DATED 8/10/2025 ISSUED BY LISIE HOSPITAL, ERNAKULAM 2026:KER:2072 W.P.(Crl)No.1643 of 2025 8
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