Crl.O.P.No.1728 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 24.02.2025 CORAM: THE HON'BLE MR.JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR Crl.O.P.No.1728 of 2025 Srimanikandan Ramamoorthy ...Petitioner Vs 1.The Assistant Director, Directorate of Enforcement, Government of India, Shastri Bhavan, Chennai – 600 006. 2.State rep. by Deputy Superintendent of Police, Department of Vigilance Anti Corruption, Chennai City – III, Chennai. ...Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023 seeking to direct the 1st respondent, Assistant Director, Directorate of Enforcement, Chennai to permit the petitioner to travel to New Jersey, United States to attend the trial before US District Court, District of New Jersey, i.e. Leave Delhi on 17.02.2025 and return on 21/22.03.2025. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1728 of 2025 For Petitioner : Mr.S.Ashok Kumar, Sr. Counsel for Mr.A.Sasidharan For R1 : Mr.ARL.Sundaresan, Addl. Solicitor General for Mr.P.Sidharthan For R2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor, assisted by Mr.M.Sylvester John ORDER (Order of the Court was made by M.S.RAMESH,J.) The petitioner herein is facing an inquiry by the Directorate of Enforcement, Chennai, in connection with a case under the Prevention of Money Laundering Act, 2002. Claiming that his presence for letting in oral evidence before the United States District Court, District of New Jersey, is required and that the trial is scheduled to commence on March 3rd, 2025, the present petition has been filed seeking for a direction to the 1st respondent to permit him to travel to New Jersey, United States of America, for attending the trial. 2. Initially, an apprehension was raised by the Enforcement Directorate that owing to the new policy of Enforcement Discretion to review all the existing Foreign Corrupt Practices Act investigations or enforcement actions, the proceedings before the United States District Court, District of New Jersey, have been stalled. However, it is now 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1728 of 2025 clarified through the letter of the Hon'ble United States District Judge dated 22nd February, 2025 that the trial in United States v. Gordon Coburn and Steven Schwartz Crim. No.19-120 (MEF), in which the petitioner is required to depose, is scheduled to commence on March 3rd, 2025 at 9.00A.M., beginning with jury selection. 3. When we had pointed out to the learned senior counsel appearing on behalf of the petitioner that since the letter only evidences the selection of jury members and the trial may not happen on March 3rd, 2025, the learned senior counsel placed reliance on Clause 10 of the Revised Scheduling Order, dated 15.08.2024 and submitted that the trial will commence immediately following the jury selection. 4. We have no other reliable information as to the procedure adopted by the United States District Courts with regard to the commencement of trial and therefore, we are inclined to accept the submission of the petitioner and permit him to travel to New Jersey, United States of America, for participating in the trial. 5. The petitioner has also produced the itinerary for his proposed travel, whereby he had blocked air tickets for leaving the country on 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1728 of 2025 25.02.2025, as well as for his return to India on 21.03.2025. The petitioner's permission sought for leaving the country, could be considered, if he is subjected to certain conditions to ensure that he promptly returns back to Chennai for the ongoing inquiry against him by the Directorate of Enforcement. 6. Accordingly, the petitioner herein is permitted to travel to New Jersey, United States of America, to attend the trial in the case of United States v. Gordon Coburn and Steven Schwartz Crim. No.19-120 (MEF), from 25th February, 2025 and return to India on 22nd March, 2025, subject to the following conditions:- (a) the petitioner is required to provide a fresh schedule of his travel plan to New Jersey, United States of America, to the Directorate of Enforcement, Chennai. (b) the petitioner is granted permission to travel to New Jersey, United States of America, strictly as per the schedule which the petitioner is required to provide in terms of condition (a) above. (c) the petitioner shall furnish the address where he intends to stay at New Jersey, United States of America, to the 1st respondent herein, prior to leaving the country. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1728 of 2025 (d) the petitioner shall not leave New Jersey, United States of America, during the period of his stay in New Jersey. (e) the petitioner shall surrender his passport to the Indian High Commission at New Jersey, United States of America, and shall collect it back only before his return to India as per the schedule to be provided. (f) an acknowledgment of surrendering his passport to the Indian Commission shall be communicated to the Directorate of Enforcement forthwith. (g) The Look Out Circular issued by the Enforcement Directorate against the petitioner shall stand suspended during the period when the petitioner goes to New Jersey, United States of America, in terms of this order. 7. With the above directions, the Criminal Original Petition stands disposed of. (M.S.R.,J.) (N.S.,J.) 24.02.2025 Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order hvk Note: Issue order copy forthwith 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1728 of 2025 M.S.RAMESH,J. AND N.SENTHILKUMAR,J. hvk Copy to:- 1.The Assistant Director, Directorate of Enforcement, Government of India, Shastri Bhavan, Chennai – 600 006. 2.The Deputy Superintendent of Police, Department of Vigilance Anti Corruption, Chennai City – III, Chennai. 3.The Public Prosecutor High Court of Madras, Chennai – 600 104. Crl.O.P.No.1728 of 2025 24.02.2025 6/6 https://www.mhc.tn.gov.in/judis