A Kala v. The State, Represented By, The Special Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN and WPMP Crl.No.384 of 2025 A Kala W/o. MD.Mijanur Islam ..Petitioner(s) Vs

1. The State, represented by, The Special Secretary, Department of Home, Public Foreigners III Department, Fort St.George, Chennai - 600009.

2. The Special Camp, Under Foreigners Act, District Collector, Tiruchirapalli District.

3. State of Tamil Nadu Rep. the Additional Commissioner of Police Central Crime Branch Greater Chennai Police Veppery, Chennai (R3 impleaded vide order dt.10.06.2026 in WPMP Crl.384 of 2025 in WP Crl.362 of 2025) ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to call for the records in Impugned order made in G.O.(ID)No.90 dated 17.02.2025 passed by the Secretary, Public (Foreigners III Department, Chennai -9, the First Respondent Herein and Quash the same as illegal and entrust the custody of the petitioner's husband MD Mijanur Islam, Son of Md.Abdul Hussain to the petitioner herein.

For Petitioner(s):

Mr.R.Sankarasubbu For Respondent(s):

Mr.R.Ganesh Kumar Government Advocate (Crl. Side) - R1 to R3

ORDER

This petition has been filed challenging the impugned order made in G.O. (ID)No.90 dated 17.02.2025 passed by the Secretary, Public (Foreigners III Department), Chennai -9, the 1st Respondent herein and Quash the same. 2.The petitioner's was directed to reside in the special camp under the Foreigners Act. The petitioner's husband is a foreign national and without any proper visa, he is staying in India.

3.Pursuant to the same, 1st respondent, Inspector of Police CCB-II, Chennai registered FIR in Crime No.57 of 2024, for the offences punishable under Section 12(1)(b), 12(1)(A)(a) of Passport Act and under Section 420, 468, 471 of I.P.C. Though the petitioner's husband was enlarged on bail, pursuant to the order passed by the 1st respondent on 17.02.2025, he was directed to reside in the special camp at Tiruchirappalli.

4.The learned counsel for the petitioner submits that the petitioner fell in love with the accused and got married 10 years back and they have also given birth to two children. Even though, the trial Court granted bail, the petitioner

was not able to live with him, since he was directed to reside in the special camp. Hence, prays for appropriate orders.

5.On a perusal of records and materials, it is seen that though the petitioner is not a refugee, his stay in India is illegal without any visa. Therefore, the case has been registered against him as per the Foreigners Act and he was directed to reside in a special camp. Therefore, this Court finds no infirmity or illegality in the order passed by the 1st respondent herein. 6.This Writ Petition stands dismissed accordingly. However, the Inspector of Police CCB-2, Chennia is directed to complete the investigation in Crime No.57 of 2024 and file a final report within a period of eight (8) weeks from the date of receipt of a copy of this order. No cost. Consequently, the connected WPMP Crl.No.384 of 2025 filed for impleading the petitioner therein as 3rd respondent in WP.Crl.No.362 of 2025 stands ordered. 10-06-2026 Index: Yes/No Speaking/Non-speaking order kas

G.K.ILANTHIRAIYAN, J.

kas To 1.The Special Secretary, Department of Home, Public Foreigners III Department, Fort St.George Chennai - 600009.

2.The Special Camp, Under Foreigners Act, District Collector, Tiruchirapalli District.

3.The Additional Commissioner of Police Central Crime Branch Greater Chennai Police Vepery, Chennai 4.The Inspector of Police Central Crime Branch - 2 Chennai 10-06-2026