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Madras High CourtWP/18985/2025closed

Vimala Joseb v. The Deputy Superintendent Of Police

2025-12-09Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR WP Nos. 18985, 18986, 18988 and 18989 OF 2025 Vimala Joseb Managing Director of M/s.Oceanic Tropical Fruits Pvt. LTd., B Block, 1st Floor, House No.4, Dayton Heights Apartments, Amijikarai, Chennai.

Petitioner(s) Vs The Deputy Superintendent Of Police CBI EOB Chennai Respondent(s) WP No. 18986 of 2025 Vimala Joseb Managing Director of M/s.Oceanic Tropical Fruits Pvt. LTd., B Block, 1st Floor, House No.4, Dayton Heights Apartments, Amijikarai, Chennai.

Petitioner(s) Vs 1/8

The Deputy Superintendent Of Police CBI EOB Chennai Respondent(s) WP No. 18988 of 2025 A. Josebraj S/o Mariasoosai Arockiasamy, Managing Director of M/s.Oceanic Edibles International Limited, B Block 1st Floor, House No.4 Dayton Heights Apartments, Amjikarai, Chennai.

Petitioner(s) Vs The Deputy Superintendent Of Police CBI, EOB, Chennai Respondent(s) WP No. 18989 of 2025 A. Josebraj S/o Mariasoosai Arockiasamy, Managing Director of M/s.Oceanic Edibles International Limited, B Block 1st Floor, House No.4 Dayton Heights Apartments, Amjikarai, Chennai.

Petitioner(s) Vs The Deputy Superintendent Of Police CBI, EOB, Chennai 2/8

Respondent(s) PRAYER : Writ Petitions filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondent to cancel the Look Out Circular issued against the petitioners in (Passport Nos.V1301251, Z4555150).

For Petitioner :

in all petitions Ms.G.Uma Maheswari For Respondent :

in all petitions Mr.B.Mohan Special Public Prosecutor for CBI COMMON

ORDER

This Court, on 15.10.2025, had passed the following order: "The petitioners Vimala Joseb and Joseb Raj, who are A3 and A2 in C.C.Nos.2022 and 3145 of 2023, filed these writ petitions seeking a direction to the respondent to cancel the Look Out Circular (LOC) issued against their Passport Nos.V1301251 and Z4555150 and permit them to have a free passage of travel. 2.The learned counsel for petitioners submitted that LOC issued by the respondent is against Article 19(d) and 21 of 3/8

Constitution of India, which is a fundamental right. 3.Mr.B.Mohan, learned Special Public Prosecutor strongly opposed the petitioners' contention stating that on the face of it the writ petitions to be dismissed for the reason there is no averments in the affidavit of the petitioners as to how the petitioners have been restricted and by whom and the prayer in the writ petitions appears to be omnibus without any particulars and there might by LOC issued by the Enforcement Directorate or some other investigating agency or by the respondent in another Crime No.RC 03/E/2022 dated 20.01.2022.

4.The learned counsel for the petitioners strongly refuted the Special Public Prosecutor's allegation stating that right to travel is the fundamental right and mere apprehension of infringement of fundamental right would be sufficient to raise a cause and file a writ petition.

5.This Court is agreeable to the same. The respondent is directed to file a counter giving reason whether at all any LOC issued by this respondent in these cases and in any other case by the CBI, which is within the knowledge of the respondent. 6.Post these cases on 06.11.2025."

2. In continuation and conjunction to the earlier order passed by this 4/8

Court on 15.10.2025, the learned Special Public Prosecutor filed counters narrating about the registration of case, investigation and filing of the charge sheet. The relevant paragraphs of the counters read as under: "It is further submitted that the Accused A-2 Shri.A.Josebraj, Managing Director of Accused A-1 M/s Oceanic Edibles International Limited has filed the W.P.No. 18988 of 2025 before this Hon'ble Court alleging that CBI, EOB, Chennai has issued LOC against him in his (Passport No.24555150) and thereby restricting his travel abroad. It is submitted before this Hon'ble Court that CBI, EOB, Chennai has not issued LOC against the petitioner/accused A2 Shri. Josebraj. It is further submitted that the Accused A-3 Shri.

Vimala Joseb, Director of Accused A-1 M/s Oceanic Tropical Fruits Pvt Limited has filed the Writ Petition before this Hon'ble Court alleging that CBI, EOB, Chennai has issued Look Out Circular against her (Passport No.V1301251) and thereby restricting her travel abroad. It is submitted before this Hon'ble Court that CBI, EOB, Chennai has not issued LOC against the petitioner/accused A-3 Mrs.Vimala Joseb."

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3.The specific submission of the respondent is that there is no Look Out Circular issued against the petitioners.

4.Recording the same, these writ petitions are closed. 09-12-2025 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order rsi To 1.The Deputy Superintendent Of Police CBI EOB Chennai.

2.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

rsi 7/8

09.12.2025 8/8