Madras High CourtWPMP Crl./368/2026disposed of

C.Sivasankaran v. Foreigner Regional Registration Officer (Frro),

2026-06-03Honourable Mr Justice G.K. Ilanthiraiyan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN in WP.No. 27856 of 2024 C.Sivasankaran ..Petitioner(s) Vs

1. Foreigner Regional Registration Officer (FRRO), Bureau of Immigration, Ministry of Home Affairs, Government of India, No.26, Haddows Road, Chennai - 600 006.

2. The Secretary, Ministry of Home Affairs, Government of India, South Block, New Delhi - 110 001.

3. The Deputy Superintendent of Police, Central Bureau of Investigation (CBI), Bank Securities and Frauds Branch, No.36, Bellary Road, Ganga Nagar, Bangalore - 32.

4. The Deputy Superintendent of Police, Central Bureau of Investigation (CBI), Plot No.5-B, CGO Complex, Lodhi Road, New Delhi - 110 003.

5. The Central Vigilance Commissioner, Satarkata Bhavan, A-Block, GPO Complex, INA, New Delhi - 110 023.

6. The Assistant Foreigner Regional Registration Officer, Bureau of Immigration, Anna International Airport, Meenambakkam Airport, Chennai - 600 027.

7. The Director, Directorate of Enforcement, VI Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.

8. The Joint Director, Directorate of Enforcement, No.2, 5th and 6th Floor, BSNL Administrative Building, Kushkumar Road, Nungambakkam, Chennai - 600 034.

9. Serious Fraud Investigation Officer, Assistant Director and Investigating Officer, 7th Floor, Fountain Telecom Building, MG Road, Mumbai.

..Respondent(s) WP No. 27856 of 2024 C.Sivasankaran ..Petitioner(s) Vs

1. Foreigner Regional Registration Officer(FRRO), Bureau Of Immigration, Ministry of Home Affairs, Government of India, No.26, Haddows Road, Chennai - 600 006.

2. The Secretary, Ministry of Home Affairs, Government Of India, South Block, New Delhi - 110 001.

3. The Deputy Superintendent of Police, Central Bureau of Investigation (CBI) Bank Securities and Frauds Branch, No.36, Bellary Road, Ganga Nagar, Bangalore - 32.

4. The Deputy Superintendent of Police, Central Bureau of Investigation (CBI), Plot No.5-B, CGO Complex, Lodhi Road, New Delhi - 110 003.

5. The Central Vigilance Commissioner, Satarkata BhavaN, A-Block, GPO Complex, INA, New Delhi - 110 023.

6. The Assistant Foreigners Regional Registration Officer, Bureau of Immigration, Anna International Airport, Meenambakkam Airport, Chennai - 600 027

7. The Director Directorate Of Enforcement, 6th Floor, Lok Nayak Bhavan, Khan Market, New Delhi - 110 003.

8. The Joint Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue, 2nd & 3rd Floor, C Block, Murugesa Naicker Complex, 84, Greams Road, Thousand Lights, Chennai - 600 006.

9. Serious Fraud Investigation Office Assistant Director and Investigating Officer, 7th Floor, Fountain Telecom Building, Mg Road, Mumbai.

..Respondent(s)

Prayer in WPMP/368/2026: To modify the conditions imposed under Paragraph 18(c) of the order dated 21.12.2024 in WP No.27856 of 2024. Prayer in WP/27856/2024: To direct the respondents to permit the petitioner to travel abroad 5 working days a month.

For Petitioner(s):

Mr.P.H.Arvind Pandiyan, Senior Counsel for Mr.S.Ravi For Respondent(s):

Mr.K.Srinivasamurthy, Senior Panel Counsel Central Government for R1, R2 & R6 Mr.K.Srinivasan, Special Public Prosecutor for CBI for R3 & R4 Mr.R.Sanjay, CGSC For R.Rajesh Vivekananthan, Dy.SGI for R5 & R9 Mr.Cibi Vishnu, Special Public Prosecutor (ED) for R7 & R8

ORDER

This petition is filed seeking to modify the condition imposed by this Court in paragraph no.18(c) of the order dated 21.12.2024 in W.P.No.27856 of 2024.

2. Initially the petitioner filed W.P.No.27856 of 2024 seeking for a direction directing the respondents to permit the petitioner to travel abroad for 5 working days in a month. This Court after considering the rival submissions, passed the following order, permitting the petitioner to travel abroad on certain conditions;

"18.This Court therefore, holds that the petitioner is entitled to travel abroad and hence should be allowed to travel abroad in the manner delineated in paragraph 17 above but of the following specific conditions:

a) The petitioner shall file an affidavit providing (i) his proposed dates of foreign travel to the trial Court or courts and all the agencies which have issued a LOC.

b) The petitioner shall execute a personal bond for Rs.50 lakhs and with two sureties for a like value of whom one surety must be his relative.

c) The petitioner shall produce security for Rs.50 crores. It may be by himself alone, or by him along with any other or others, or by any one or more persons on his behalf.

d) To start with, the petitioner shall not visit Seychelles (with which India does not have an extradition treaty). Petitioner's request to travel to Seychelles may be considered later by the trial court after observing how the petitioner generally abides by the terms of the conditions herein made, and also after hearing the prosecution. The first respondent is required to monitor the same. e) Petitioner shall not be entitled to travel abroad on dates when his presence in the court is required for any specific purpose by the court, unless he obtains necessary leave as per the

applicable procedure law. It is however, made clear that if it is a general posting when there is no trial or hearing that warrants his physical presence in the court, then subject to what is herein stated above he may travel. It is further clarified, the entire responsibility is on the petitioner in following this condition. f)The petitioner shall not travel abroad during the dates when any of the co-accused in any of the cases in which he is also an accused are themselves foreign nationals, travelled abroad. Read para 17(d).

g)The two sureties should give separate undertaking through their affidavit before the Courts concerned that the petitioner will return back to India as per the schedule.

h) One of the sureties (either a close relative or the business associate of the petitioner) shall possess a valid Indian passport with a habit of travelling abroad. The said surely holding the above referred to Indian passport shall leave his/her passport with the CBI. On deposit of such passport, the CBI shall issue an acknowledgement of receiving that passport and hold the passport till the return of the petitioner to India. On the return of the petitioner, CBI shall return the passport to the surety concerned after obtaining receipt.

(i) The LOC issued by the CBI or any other agency against the petitioner shall stand suspended during the period when the petitioner travels abroad.

(j) Once the conditions are complied for the first time, for future travels abroad, the petitioner is required to intimate the trial Court and the investigating agency, but subject to the compliance of the conditions herein stated on each of the occasions.

(k) The trial Court can modify the conditions after closely observing how the conditions herein above work, and how well the petitioner comply with the conditions, but after hearing the prosecution."

3.The above conditions were subsequently clarified by this Court in WPMP.No.85 of 2026 to the effect that the petitioner shall abide by the other conditions imposed by Court except the conditions mentioned in 18(c), which has already been complied with, which means, the petitioner can visit abroad every month for 5 days and need not produce security for Rs.50 Crores for each of this abroad visits.

4.Now, the petitioner wants to withdraw the security which was already furnished by the petitioner in order to settle some other dues. If the petitioner withdraws the security already furnished to the tune of Rs.50 Crores, he shall not be entitled to travel abroad thereafter.

5.In view of the above, the petitioner is permitted to withdraw the security for Rs.50 Crores, which was executed by the petitioner at the time of visiting abroad, on the condition that the petitioner will not be entitled to travel abroad hereafter.

6.Accordingly, the WPMP Crl.No.368 of 2026 is disposed of. The Additional Chief Metropolitan Magistrate, Egmore is directed to permit the petitioner to withdraw his security to be tune of Rs.50 Crores/-, within a period of two weeks from the date of receipt of an application from the petitioner for the said purpose.

03-06-2026 Index: Yes/No Speaking/Non-speaking order TSG To