Madras High Court · 2025

CRL OP(MD)Nos.8302, 8303 & 9940 of 2025Crl.O.P.(MD).No.9940 of 2025Amandeep Singh Sran, S/o.H.S.Sran, ... Petitioner Vs.The State of Tamil Nadu,Rep by the Deputy Superintendent of Police, Economical Offence Wing, Trichy City. Crime No.03/2015. ... Respondent/Complainant(In all the case) For Petitioner : Mr.Shanthanu Sharma Advocate. For Respondents : Mr.M.Karunanithi, Government Advocate (Crl.Side)PETITIONS FOR MODIFICATION Under Sec.528 of BNSS PRAYER in Crl.OP(MD).No.8302 of 2025:- To set aside/modify/amend/delete the condition in the order dated 07.10.2024 passed by the learned TNPID Court, Madurai in CrlM.P.No.379 of 2024 in Crl.M.P.No.207 of 2024 in Crime No.09 of 2015 and along with order dated 21.05.2024 in Crl.MP.No.207/2024 in Cr.No.9/2015 Act, 1997, Madurai that no credit/surety deposit of Rs.10,00,000/- to be deposited by the petitioner. And consequently direct the learned Special Judge (TNPID) Courts, Madurai to accept bail bond surety in FIR No.3/2015 EOW Madurai transferred to the respondent police as per the order passed in Crl.OP.No.2711 of 2024 dated 2/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 202514.02.2024 clubbing all the FIRs' with FIR No.3/2015 EOW Madurai and thus render justice. PRAYER in Crl.OP(MD).No.8303 of 2025:- To set aside/modify/amend/delete the condition in the order dated 07.10.2024 passed by the learned TNPID Court, Madurai in Para.5 in CrlM.P.No.378 of 2024 in Crl.M.P.No.208 of 2024 in Crime No.02 of 2016 and along with order dated 21.05.2024 in Crl.MP.No.208/2024 in Cr.No.2/2016 Act, 1997, Madurai that no credit/surety deposit of Rs.10,00,000/- to be deposited by the petitioner. And consequently direct the learned Special Judge (TNPID) Courts, Madurai to accept bail bond surety in FIR No.3/2015 EOW Madurai transferred to the respondent police as per the order passed in Crl.OP.No.2711 of 2024 dated 14.02.2024 clubbing all the FIRs' with FIR No.3/2015 EOW Madurai and thus render justice. PRAYER in Crl.OP(MD).No.9940 of 2025:- To set aside/modify/amend/delete the condition in the order dated 07.10.2024 passed by the learned TNPID Court, Madurai in Para.5 in CrlM.P.No.380 of 2024 in Crl.M.P.No.203 of 2024 in Crime No.03 of 2015 and along with order dated 21.05.2024 in Crl.MP.No.203/2024 in Cr.No.3/2015 Act, 1997, Madurai that no credit/surety deposit of Rs.10,00,000/- to be deposited by the petitioner. And consequently direct the learned Special Judge (TNPID) Courts, Madurai to accept bail bond surety in FIR No.3/2015 EOW Madurai transferred to the respondent police as per the order passed in Crl.OP.No.2711 of 2024 dated 14.02.2024 clubbing all the FIRs' with FIR No.3/2015 EOW Madurai and thus render justice. 3/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025COMMON ORDERThe petitioner has filed these petitions to set aside/modify/amend/delete the condition in the respective orders, dated 07.10.2024 passed in (1) Crl.M.P.No.379 of 2024 in Crl.M.P.No.207 of 2024, (2) Crl.M.P.No.378 of 2024 in Crl.M.P.No.208 of 2024 and (3) Crl.M.P.No.380 of 2024 in Crl.M.P.No.203 of 2024 on the file of the Special Court under TNPID Act, Madurai.2. The prosecution case is that the petitioner had run the financial establishment in the name of HBN Dairies & Allied Pvt. Ltd., along with other 2 persons, and that under false promise of repayment with huge interest, they collected amounts from the general public, but on maturity of deposit, they had not repaid the amount. So, complaints were lodged against them. The petitioner is facing cases registered in Crime Nos.9 of 2015, 2 of 2016, 3 of 2015, 3 of 2016 U/s.406, 420, 120-B of IPC & 5 of TNPID Act on the file of the EOW of Madurai, Tirunelveli, Trichy and Chennai.3. The petitioner has filed the petitions in (1) Crl.M.P.No.379 of 2024 in Crl.M.P.No.207 of 2024, (2) Crl.M.P.No.378 of 2024 in Crl.M.P.No.208 of 4/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 20252024 and (3) Crl.M.P.No.380 of 2024 in Crl.M.P.No.203 of 2024 for modification of conditions. The learned Special Judge, Special Court under TNPID Act, Madurai, has passed orders dated 07.10.2024, modified the order relaxing the condition of signing before the investigation agency daily at 10.00 A.M., and to co-operate for the interrogation of the investigation agency at the time of requirement and that in other aspects, the bail order and conditions, dated 21.05.2024, hold good.4. Challenging the impugned modification order passed by the Special Court under the TNPID Act, Madurai, the petitioner has filed these present petitions.5. The learned counsel for the petitioner would submit that the petitioner is facing number of cases all over the country. He would further submit that the petitioner has moved the Hon'ble Supreme Court to club all these cases registered across the country, but the petitioner was directed to approach the High Courts of respective States to club the cases in that State. He is facing four cases in Tamil Nadu and so he filed Crl.O.P.No.2711 of 2024 before the Madras High Court. The Principal Seat of Madras High Court has passed order, 5/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025dated 14.02.2024, clubbing the cases registered in Crime Nos.9 of 2015, 2 of 2016, 3 of 2016 of EOW, Madurai, Tirunelveli and Chennai with Crime No.3 of 2015 of EOW, Trichy. Though the petitioner has filed separate petitions before the Special Court under TNPID, Madurai, the petitioner was directed to deposit Rs.10,00,000/- in each case. 6. The learned counsel for the petitioner further submitted that the petitioner was in jail in Chhattisgarh for the past 10 years and during the said period, the movable and immovable properties of the petitioner worth Rs.1200 crores were submitted before the SEBI and NCLT. Now the petitioner has no sufficient means to made deposit of Rs.10,00,000/- in each case. The learned counsel further submitted that the petitioner has secured bail and anticipatory bail in all the cases pending across the country and he came out on bail from the Central Prison, Chhattisgarh, on 11.04.2025 after a span of 10 years' judicial custody. During these 10 years, he was unable to make touch with his relatives and some of his relatives died. At present, the petitioner has to look after his wife and two school going children and it would take time to gather such a huge amount to deposit in each case. In support of his argument the learned counsel relied on ruling of the Hon'ble Supreme Court in Girish 6/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025Gandhi /vs/ State of UP & Ors. reported in (2024) 10 SCC 674, in which it is held as follows:"Where the court is faced with the situation where the accused enlarged on bail is unable to find sureties, as ordered, in multiple cases, there is also a need to balance the requirement of furnishing the sureties with his or her fundamental rights under Article 21 of the Constitution of India. An order which would protect the person's fundamental right under Article 21 and at the same time guarantee the presence, would be reasonable and proportionate."The Hon'ble Supreme Court further held that "28. .....The FIRs pending in each of the States of Uttar Pradesh, Rajasthan, Punjab and Uttarakhand, in each State, the petitioner will furnish his personal bond for Rs.50,000/- and furnish two sureties who shall execute the bond for Rs.30,000/- each which shall hold good for all FIRS in the concerned State".In this case on hand, all the FIRs were clubbed with Crime No.3 of 2015 of EOW, Trichy and also he obtained bail and anticipatory bail orders in other Hon'ble High Courts without imposing any condition of deposit, keeping in 7/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025view of the fact that the petitioner has already deposited his assets before SEBI and NCLT. Therefore, the petitioner prays to relax the condition of deposit of Rs.10,00,000/- in each cases as ordered by the trial Court in the impugned orders.7. The learned Government Advocate (Criminal side) has submitted that the petitioner is involved in various cases U/s.406, 420, 120(B) of IPC and 5 of TNPID Act on the file of the EOW, Trichy, Madurai, Tirunelveli and Chennai. Of course, the cases were clubbed with as per the order of this Court in Crl.O.P.No.2711 of 2024, but the petitioner sought anticipatory bail before the trial Court. After considering the seriousness of cases the petitioner was imposed condition of deposit of Rs.10,00,000/-. In the case on hand, there are 22 accused, the petitioner is Accused No.2. In Tamil Nadu, more than 100 crores were cheated from 3851 depositors. Though the respondent police filed the final reports through e-filing, the respondent police is going to file subsequent charge sheets with regard to the remaining depositors. except the petitioner and A15 & A16, all other accused are still absconding. So, the petitions may be dismissed.8/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 20258. Heard and perused the records. It is seen from the records that the petitioner is facing number of cases of this nature of offence across the country. The cases in Crime Nos.9 of 2015, 2 of 2016 and 3 of 2016 registered by EOW at Madurai, Thirunelveli and Chennai were transferred to the file of the EOW, Trichy, for investigation along with Crime No.3 of 2015 of EOW, Trichy. There is no dispute that the petitioner is granted bail in almost all cases. The petitioner has filed Crl.M.P.Nos.207, 208 and 203 of 2024 before the learned Principal Special Judge for EC and NDPS Act Cases, Madurai, seeking anticipatory bail and the same has been granted with conditions on 21.05.2024. One among the condition is that the petitioner has to deposit Rs.10,00,000/- in each case and the same is as follows:"(i) The petitioner shall appear before the Court within a period of 15 days from today and being the offence is Economic nature, he is directed to deposit a sum of Rs.10,00,000/- as security to the credit of this case in this Court and (ii) The petitioner shall appear and sign before the Inspector of Police of respondent police daily at 10.00 a.m. until further orders''9. Thereafter, petitioner has filed the petitions in Crl.M.P.Nos.378, 379 and 380 of 2024 before the trial Court seeking modification of those conditions 9/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025on the ground that he is in judicial custody in the prison of Chattisgarh and also all his properties including movables and immovables worth more Rs.1200 crores were submitted to the SEBI, Bombay and NCLT. Hence he has no means to deposit of Rs.10,00,000/-. Moreover, he was directed to appear before the trial Court only on release from Chatrtisgarh jail since he was in prison at that time. Considering these aspects, while allowing the condition modification petition on 07.10.2024, the trial Court has passed the following order:" Considering the facts and circumstances, the Court is inclined to modify the condition with a direction that the petitioner is directed to appear before this Court within 30 days after his release from the present judicial custody of other cases and also regarding the aspect of signing before the investigating agency daily at 10.00 A.M., until further orders, this Court is inclined to relax the same totally with the observation that he has to co-operate the interrogation of the investigation agency at the time of requirement." In all other aspects, the bail order imposing conditions viewed holds good''.10. The Hon'ble Supreme Court in his verdict reported in 2022 SCC Online SC 1936 held that "If the accused has been granted bail in connection with the principal FIR or criminal cases arising therefrom, in which the other 10/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025FIRs/Criminal cases will stand clubbed/merged in terms of this order, the bail so granted must enure in his favour until the court of competent jurisdiction cancels the same owing to supervening circumstances including breach of bail conditions." But, the petitioner has not produced any material to show that he was granted bail in principal FIR or principal criminal cases. However, now the petitioner has submitted that he secured bail in all cases registered across the country and he came out on bail on 11.04.2025. This fact was not denied by the respondent police. The petitioner states that since all his movables and immovables were submitted before SEBI and NCLT and also he was unable to seek assistance from his relatives as he was in prison for more than 10 years, he has no means to deposit huge amount. His assets with SEBI and NCLT are not denied by the respondent police. The cases in hand are also clubbed with the case in Crime No.3 of 2015 of EOW, Trichy, for investigation as per the order of this Court passed in Crl.O.P(MD)No.2711 of 2024, dated 10.04.2024. In these facts and circumstances, the petitioner's submission that he has no means to deposit Rs.10,00,000/- in each case is acceptable one. Therefore, considering the overall facts and circumstances, this Court is inclined to set aside the condition to deposit Rs.10,00,000/- in each case imposed by the trial Court and the same is ordered to be relaxed and since all cases were clubbed 11/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025with one case, this Court is further inclined to order for furnishing of surety as common sureties in all these cases. 11. In the result, these petitions are allowed and the condition to deposit of Rs.10,00,000/- (Rupees Ten Lakhs only) in the bail orders alone is set aside and the same is relaxed. The petitioner is further ordered to execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two common sureties each for a like sum to the satisfaction of the Court below in all these cases. In other respects, the conditions imposed by the trial Court are confirmed. (P V M J) 16.09.2025gvn12/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025To1. The Special Court under TNPID Act Cases, Madurai. 2.The Deputy Superintendent of Police, Economic Offence Wing, Tirunelveli. 3.The Deputy Superintendent of Police, Economic Offence Wing, Madruai.4.The Deputy Superintendent of Police, Economic Offence Wing, Trichy. 5.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.13/14 https://www.mhc.tn.gov.in/judis CRL OP(MD)Nos.8302, 8303 & 9940 of 2025P.VADAMALAI, J. gvn Pre - Delivery Order made in Crl.OP.(MD).Nos.8302, 8303 and 9940 of 2025 Dated: 16 /09/202514/14