Petitioner challenged LOC issuance, citing mechanical execution without valid reasons; Court directs no coercive steps until next hearing
In a significant development, the Madras High Court has temporarily stayed a Lookout Circular (LOC) issued against E.V. Velu, a petitioner who is currently undergoing medical treatment in Singapore. The LOC, initiated by the authorities, was challenged by Velu on the grounds that it was issued mechanically, without valid reasons, and in violation of relevant circulars.
The case, presided over by Justice G.K. Ilanthiraiyan, revolves around a First Information Report (FIR) registered on June 24, 2026, under Crime No.3 of 2026. The FIR pertains to allegations of conspiracy, cheating, criminal breach of trust, forgery, and use of forged documents, punishable under Sections 120B, 420, 409, 468, and 471 read with Section 109 of the Indian Penal Code. Additionally, charges under Sections 7(c) and 13(2) read with 13(1)(a) and Section 12 of the Prevention of Corruption Act, 1988, as amended in 2018, have also been imposed.
Represented by Senior Counsel Mr. P. Wilson, Velu argued that the LOC was unwarranted given his medical treatment abroad. Velu had communicated his inability to appear for inquiry, requesting an extension until July 15, 2026, after his medical examination was scheduled to conclude. Despite this, the authorities issued the LOC, prompting Velu to seek legal intervention to protect his rights.
In the proceedings, the learned Public Prosecutor, Mr. R. John Sathyan, assisted by Government Advocate M/s. Arun Anbumani, defended the issuance of the LOC, citing Velu's non-compliance with multiple notices and his departure to Singapore. The prosecutor emphasized that Section 35(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the investigating officer to secure the accused by recording valid reasons.
Justice Ilanthiraiyan acknowledged the arguments presented and decided to stay the LOC, contingent upon Velu's appearance before the Investigating Officer on July 15, 2026. The court further directed the authorities to refrain from taking coercive measures until the next hearing, scheduled for July 28, 2026.
The case underscores the critical balance between law enforcement procedures and individual rights, with the Madras High Court ensuring due process while addressing the concerns raised by Velu.
Bottom line:-
Lookout Circular (LOC) - Issuance of LOC - LOC issued mechanically without following relevant circulars and without valid reasons is against the law. LOC stayed subject to the petitioner's appearance before the Investigating Officer on the specified date.
Statutory provision(s):
Sections 120B, 420, 409, 468, 471 r/w 109 of IPC; Sections 7(c), 13(2) r/w 13(1)(a), r/w Section 12 of Prevention of Corruption Act, 1988; Sections 35(3) and 35(5) of Bharatiya Nagarik Suraksha Sanhita, 2023
E.V. Velu v. Union of India, (Madras) : Law Finder Doc id # 2937596
