WP Crl.(MD)/5335/2026 of Rajesh Kannan @ Rajeshkanna Vs The State Rep. by its, The Secretary to Government on 12 November 2026

ORDER

This Writ Petition has been filed seeking issuance of Writ of Certiorarified Mandamus to call for the records relating to the order dated 16.05.2026 passed by the 2nd respondent under Section 7(2)(f) of the Immigration and Foreigners Act, 2025, quash the same and consequently

WP Crl.(MD) No. 5335 of 2026 direct the respondents to release the petitioner from confinement in the Trichy camp.

2. The case of the petitioner is that he is a person of Indian origin who arrived in India from Sri Lanka along with his family in the year 1990 and has been residing continuously in Tamil Nadu for approximately 36 years. During this period, he has pursued his education, employment and family life in India.

3. It is further stated that a criminal case in Crime No.25 of 2026 was registered on 08.03.2026, pursuant to which the petitioner was arrested and subsequently enlarged on bail by the learned Judicial Magistrate No.VI, Tiruchirappalli, in Crl.M.P. No.2700 of 2026, by order dated 18.03.2026. According to the petitioner, he has complied with the conditions imposed by the Criminal Court and has not misused the liberty granted to him.

4. While the petitioner was on bail, the 2nd respondent passed the impugned Movement Restriction Order dated 16.05.2026 under Section 7(2)(f) of the Immigration and Foreigners Act, 2025, pursuant to which the petitioner has been confined in the Trichy Special Camp from 17.05.2026.

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5. The petitioner further submits that his continued confinement has caused considerable hardship to his dependent nephew, Yugendran, who is suffering from a serious kidney ailment and requires dialysis twice a week. The petitioner claims to be the care giver and financial supporter of his nephew. It is his further case that, having regard to his long residence in India, family circumstances, compliance with the bail conditions and the absence of any allegation that he has misused his liberty or attempted to abscond, his continued confinement is arbitrary and disproportionate.

6. It is stated that the petitioner submitted a representation dated 19.08.2026 to the respondents seeking revocation of the Movement Restriction Order and his release from the Special Camp or, alternatively, his release subject to reasonable conditions. As the said representation has not been considered, the petitioner has approached this Court.

7. The learned Additional Public Prosecutor opposing the Writ Petition, submits that the petitioner is a Sri Lankan citizen and obtained a fake Indian passport and tried to travel abroad. Since the petitioner is

WP Crl.(MD) No. 5335 of 2026 involved in a serious criminal offence and that the charge sheet has already been filed and trial is likely to be commenced, it is contended that the petitioner's release at this stage may adversely affect the trial and there is every possibility that the petitioner would abscond from the clutches of law. However, the learned Additional Public Prosecutor submits that the trial would be commenced and completed expeditiously and requests this Court to prescribe a reasonable time frame for the same.

8. This Court has considered the submissions made on either side and perused the materials available on record.

9. It is evident that the petitioner was granted bail by the competent Criminal Court on 18.03.2026. However, the grant of bail in a criminal case and the legality of a Movement Restriction Order or confinement under the immigration law operate in distinct legal spheres. The grant of bail does not, by itself, invalidate an otherwise lawful order passed under the applicable immigration legislation. At the same time, the existence of a criminal case or the pendency of trial cannot, by itself, dispense with the requirement that the continued restriction of an individual's liberty must have a valid legal basis and remain within the limits of the applicable statute.

WP Crl.(MD) No. 5335 of 2026

10. In the present case, the petitioner claims to have resided in India for approximately 36 years and relies upon his family circumstances, his compliance with the bail conditions and the medical condition of his dependent nephew. These circumstances merit consideration by the competent authority while examining the petitioner's representation. Equally, the State is entitled to take into account the nature of the alleged offence, the requirements of the ongoing criminal proceedings and any legitimate concerns relating to public order, immigration status or the administration of justice.

11. This Court is of the view that the petitioner's representation dated 19.08.2026 cannot be left unattended indefinitely. The competent authority is required to examine the representation on its own merits, consider the relevant facts and applicable statutory provisions and pass a reasoned order within a reasonable period.

12. As regards the criminal proceedings, the learned Additional Public Prosecutor has stated that the charge sheet has been filed and that the trial is likely to commence shortly. In view of the petitioner's

WP Crl.(MD) No. 5335 of 2026 continued confinement and the submission made on behalf of the State, it is appropriate to direct the jurisdictional Criminal Court to take necessary steps to ensure that the trial proceeds without avoidable delay, subject to its docket, the requirements of a fair trial and the applicable procedural law.

13. In the light of the foregoing discussion, this Court is not inclined to direct the petitioner's immediate release solely on the ground that he has been granted bail in the criminal case. However, the continued confinement and the petitioner's representation warrant prompt consideration by the competent authority, after affording the petitioner an opportunity to submit any further supporting materials, if necessary. While considering the representation, the competent authority shall examine the legality and necessity of the continued restriction, the petitioner's immigration status, the nature of the criminal proceedings, his compliance with the bail conditions and the family and medical circumstances pleaded by him, in accordance with the applicable law and shall pass a reasoned order within a period of four weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

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14. With the above directions, this Writ Petition is disposed of. Consequently, the connected miscellaneous petition is closed. 12.11.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No mar/skn To

1. The Secretary to Government, Public (Foreigners- II) Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2. The Commissioner of Police, Office of the Commissioner of Police, Tiruchirappalli - 620 020.

3. The Commissioner, Commissionerate of Rehabilitation and Welfare of Non Resident Tamils, Ezhilagam, Kamarajar Salai, Chennai - 600005.

4. The Foreigners Regional Registration Officer, Foreigners Regional Registration Office (FRRO), Shastri Bhavan, Nungambakkam, Chennai - 600 006.

5. The District Collector, District Collectorate, Trichy District, Trichy - 620 001.

6. The Regional Special Deputy Collector, Incharge of Trichy Special Camp, Kottapattu, Trichy, Trichy District - 620 020.

7. The Inspector of Police, Trichy Airport Police Station, Tiruchirappalli - 620 007.

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8. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

WP Crl.(MD) No. 5335 of 2026 K.GOVINDARAJAN THILAKAVADI J. mar/skn WP Crl.(MD) No. 5335 of 2026 AND WMP CRL.(MD) No. 1213 of 2026 12-11-2026