Madras HC Allows Accused in ED Case to Travel Abroad for Cardiac Treatment, Suspends LOC with Stringent Conditions [Read Order]

The Court also ordered that the Look Out Circular (LOC) against him be suspended temporarily from August 29 to September 23, 2025, subject to stringent safeguards.

The Division Bench of Justices M.S. Ramesh and V. Lakshminarayanan was hearing a petition challenging the order of the Principal Sessions Judge, Chennai, which had earlier refused permission for travel.

The petitioner, R.V.Ashok Kumar stating cardiovascular issues since 2021, argued that the specialised treatment he required was available only in the United States. The ED opposed the plea, questioning his cooperation in the investigation and arguing that treatment could be availed in India.

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The Court observed that while the prosecuting agency’s intent to secure the petitioner’s participation in the trial was understandable, it must be balanced with his constitutional right to travel abroad.

While mentioning that “the petitioner is only an accused, not a convict. Only the convict loses his freedom of movement,” the Bench noted that the ED “does not possess the requisite medical knowledge to dictate whether a treatment in India or abroad would be correct for the petitioner’s ailment.”

The judges also remarked that “The best judge for a person, to decide where to take a treatment to cure his ailment, is the person himself… it is also in the interest of the prosecuting agency that the petitioner is restored to the pink of his health, so that he may stand trial.”

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The court, noting the medical certificates from Apollo Hospitals and the scheduled appointment at Mayo Clinic, the Court allowed travel with strict conditions, including execution of a ₹50 lakh personal bond, two solvent sureties, and a ₹5 lakh fixed deposit to be retained by the Court until his return.

The journey is restricted strictly for medical purposes, with mandatory submission of travel documents, registration with the nearest Indian Consulate in the USA, and appearance before the trial court within 48 hours of return.

The LOC will automatically revive on September 24, 2025, and the petitioner is barred from altering his itinerary, seeking asylum, or extending his stay without prior court approval.

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