Rajesh Kannan @ Rajeshkanna vs The State Rep. by its, The Secretary to Government

Court
Madras High Court

WP Crl.(MD) No. 5335 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2026
CORAM
THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI
WP Crl.(MD) No. 5335 of 2026
CNR:{HCMD011228692026}
AND
WMP CRL.(MD) No. 1213 of 2026
Rajesh Kannan @ Rajeshkanna ..Petitioner
Vs
The State Represented by its...
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.
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WP Crl.(MD) No. 5335 of 2026
7. The Inspector of Police,
Trichy Airport Police Station,
Tiruchirappalli - 620 007. ..Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of
India, to issue an appropriate Writ, Order or Direction, particularly a Writ
of Certiorarified Mandamus, calling for the records relating to the
nd
Impugned Order passed by the 2 Respondent in
C.No.253/FRB/IS/COP/TRC/2026, dated 16.05.2026, quash the same
and consequently direct the Respondents to release the Petitioner, Rajesh
Kannan @ Rajeshkanna, S/o. Rajarathinam from confinement in the
Trichy Special Camp and pass such further or other orders as this Court
may deem fit.
For Petitioner : M/s.D.Mario Johnson
For Respondents : M/s.A.Sivasubramanian
Additional Government Pleader
for R1, R3, R5 and R6
M/s.K.Suyambulinga Bharathi
Additional Public Prosecutor for R2

Mr.M.Karthikeya Venkatachalapathy
for R4
ORDER
This Writ Petition has been filed seeking issuance of Writ of
Certiorarified Mandamus to call for the records relating to the order dated
nd
16.05.2026 passed by the 2 respondent under Section 7(2)(f) of the
Immigration and Foreigners Act, 2025, quash the same and consequently
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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.
nd
4. While the petitioner was on bail, the 2 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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WP Crl.(MD) No. 5335 of 2026
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
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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.
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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
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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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WP Crl.(MD) No. 5335 of 2026
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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WP Crl.(MD) No. 5335 of 2026
8. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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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
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