High Court · 2025

Crl.O.P.No.21102 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.08.2025CORAM THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21102 of 2025Sujanraj... PetitionerVs.The State represented by,The Deputy Superintendent of Police,EOW, Chennai. (Crime No.12 of 2022) ... RespondentPRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.12 of 2022 on the file of the respondent Police.For Petitioner:Mr.U.YuvarajFor Respondent:Mr.R.VinothrajaGovernment Advocate (Criminal Side)O R D E RThe petitioner, who was arrested and remanded to judicial custody on 22.06.2025 for the offences punishable under Sections 409, 420, 120(B) IPC and Section 5 of TNPID Act, 1997 in Crime No.12 of 2022 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that there are totally 11 accused in this 1/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21102 of 2025case and the petitioner herein is ranked as A7. A1 is M/s. Nobel Legacy Management Private Limited Company, A2 is the Managing Director, A3 is the Director, A4 is the Administrator, A5 to A7 are brokers A8 is the Finance Director, A9 & A10 are Accountant and A11. It is alleged that the petitioner, acting as an agent, along with other accused collected deposits from 149 depositors amounting to Rs.123 crores, thereby cheated the public. The petitioner is also stated to be the son of A5, one of the company's agents. Hence, the complaint.3. The contention of the petitioner is that the petitioner is innocent and has been falsely implicated in this case. He further submitted that his father named Ettiyan is arrayed as an A5 in this case, and at that time of occurrence, during 16.12.2019 to 28.12.2021, that he was a college student pursuing his B.Sc., and also he completed Master Degree in MBA. Now he is currently studying at Coventry University London and doing Master in Computer Science. He further submitted that after his marriage, he along with his wife went abroad, to pursue higher education. He further submitted that the petitioner's wife was also studied in Northumbra University of M.Sc Data Science Analogist, and after completion of the course at London, he had returned back to Chennai to take care of his mother, who was suffering from ill health, after returning to Chennai 2/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21102 of 2025Airport, he was detained by the Immigration Officer, as if the present case has been pending against him and subsequently he was arrested by the respondent police and remanded to judicial custody. He further submitted that the petitioner is the permanent resident and now the petitioner is ready to cooperate with the investigation and trial and ready to abide by any stringent conditions that may be imposed by this Court and hence, he prayed for grant of bail.4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting bail to the petitioner. He also submitted that there are totally 11 accused, out of which A3, A4, A5, A6, A8, A9 A10 have been arrested and released on statutory bail. While A2 and All are still absconding. He further submitted that the petitioner/A7, son of A5, allegedly worked as an agent in A1 company, receiving a monthly salary of Rs.30,000/- and earning several lakhs as commission from collecting huge deposits. He is said to have utilized the lakhs of rupees by getting from his father/A5 which is to be depositors money and also absconded abroad and LOC has already been issued. So far, 5 immovable properties worth Rs.8,00,00,000/- one movable property (four wheeler) seized worth Rs.5,00,000/- gold jewels 48 grams seized worth Rs.4,00,000/- and one bank account frozen Rs.1,00,833/- have been seized. He further submitted that Economic Offences 3/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21102 of 2025Wing has also received 165 complaints against the accused. Since the main accused A2 and A11 are still absconding and the identification and recovery of assets is pending, that respondent police contended that granting bail to the petitioner may lead to his absconding again, and hence the petition should be dismissed.5. Heard both sides and perused the materials available on record.6. In this case, A3, A4, A5, A6, A8, A9, A10 were arrested and later released on statutory bail. It is admitted by the prosecution that the petitioner herein was only a broker of A1 company and a college student at the time of alleged occurrence. He was arrested on the strength of a LOC, after his father/A5, and active agent, was arrested 22.12.2024. The LOC against the petitioner was issued on on 30.01.2025. 7. Considering the submissions made by the learned counsel appearing on either side and taking note of the nature of allegation and the petitioner is only a broker of A1 company and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 8. Accordingly, the petitioner is ordered to be released on bail on his 4/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21102 of 2025executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties each for a like sum to the satisfaction of the Special Judge under Tamil Nadu Protection of Interests of Depositors (in Financial Establishment Act 1997) Chennai, and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders;[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned 5/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21102 of 2025conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.04.08.2025drlTo1.The Special Judge under Tamil Nadu Protection of Interests of Depositors (in Financial Establishment Act 1997) Chennai, 2.The Deputy Superintendent of Police, EOW, Chennai.3.The Superintendent, Central Prison-II, Puzhal, Chennai.4.The Public Prosecutor, High Court of Madras.M.NIRMAL KUMAR, J.6/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21102 of 2025drl Crl.O.P.No.21102 of 202504.08.20257/7