High Court · 2025

Crl.O.P.No.27247 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.10.2025CORAM THE HONOURABLE MR. JUSTICE K.RAJASEKARCrl.O.P.No.27247 of 2025and Crl.M.P.No.18932 of 20251.Sathish @ Sathish Rathinam2.Rajaguru ... PetitionersVs.State represented by itsThe Inspector of Police,Central Crime Branch-I,Chennai District.(Crime No.82 of 2025)... RespondentPRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners/Accused on bail in Crime No.82 of 2025 pending on the file of the respondent Police.For Petitioners:Mr.K.Pradeep RajFor Intervener:Mr.R.ThirumoorthyFor Respondent:Mr.A.GopinathGovernment Advocate (Crl.Side)O R D E RThe petitioners were arrested and remanded to judicial custody on 11.08.2025, for the offence punishable under Sections 420, 506(i) and 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27247 of 2025120(B) of IPC, in Crime No.82 of 2025, registered on the file of the respondent, seeks bail.2. The case of the prosecution is that the petitioners, in collusion with the other accused, conspired together with a dishonest intention and induced the de facto complainant to part with a sum of Rs.10 crores on the pretext of providing high returns from the sand mining business. Hence, the complaint. 3. The learned counsel appearing for the petitioners submitted that the petitioners herein are ranked as A4 and A5 and are Directors of the company run by A1. The properties of the petitioners have already been identified, and the police have recovered some of the same. He further submitted that though it is alleged that the anticipatory bail petition of the other accused was dismissed, the said accused is ranked as A1 and is the main accused in this case. The petitioners have been in custody since 11.08.2025. Hence, he prays that bail may be granted to the petitioners. 4. The learned counsel appearing for the de facto complainant/intervener submitted that a huge sum of Rs.10 crores is 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27247 of 2025involved in this case, and the petitioners, being Directors, have also siphoned off a substantial portion of the said amount for their personal benefit. He further submitted that they have purchased properties from the misappropriated amount and that the investigation is still pending. Hence, he opposed the grant of bail to the petitioners. 5. The learned Government Advocate (Crl. Side) appearing for the respondent police filed a counter affidavit and submitted that the petitioners/A4 and A5 have siphoned off the money and purchased various properties, including cars and immovable assets. Hence, he strongly opposed the grant of bail to the petitioners. 6. Heard both sides and perused the materials available on record.7. It is seen that the petitioners are admittedly Directors of the company run by A1. It is further alleged that they promised to secure a contract for sand mining and to share the profits if the de facto complainant invested money in their company. Believing their words, the de facto complainant invested a huge sum of Rs.10 crores. This Court had earlier 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27247 of 2025dismissed the criminal original petition filed by the main accused (A1) on the ground that he was the principal offender. The petitioners have been in custody since 11.08.2025. It is also stated by the learned Government Advocate (Crl. Side) that the properties purchased out of the funds involved in this case have been identified and some of them have already been recovered. The investigation is still pending. 8. Considering the overt acts attributed to the petitioners, the fact that the properties purchased out of the alleged funds have been identified and recovered, and taking into account the period of incarceration already undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:9. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Metropolitan Magistrate for exclusive trial of CCB (Relating to cheating cases in Chennai and CBCID Metro Cases, Egmore, Chennai, and on further conditions that:4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27247 of 2025[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 petitioners shall report before the respondent police for a period of three weeks, and thereafter, as and when required for interrogation;[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioners 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 conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27247 of 2025the 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. Consequently, connected miscellaneous petition is closed.10.10.2025cda6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27247 of 2025Note :1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.To1.The Metropolitan Magistrate for exclusive trial of CCB (Relating to cheating cases in Chennai and CBCID Metro Cases, Egmore, Chennai.2.The Inspector of Police, Central Crime Branch-I, Chennai District.3.The Central Prison, Puzhal, Chennai.4.The Public Prosecutor, High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.27247 of 2025K.RAJASEKAR, J.cda Crl.O.P.No.27247 of 202510.10.20258/8