Madras High Court · 2025

Crl.O.P(MD)No.180 of 2025 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :-For Anticipatory Bail in Crime No.9 of 2024 on the file of the respondent Police.For Crl.O.P(MD)No.18887 of 2024Karthikeyan ... Petitioner/Accused VsState of Tamil Nadu,The Inspector of Police,District Crime Branch,Karur District.(In Crime No.9/2024). ... Respondent/Complainant For Petitioner : Mr.S.Ramasamy For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor: Mr.B.Saravanan Senior Counsel For Mr.K.Suresh PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :-For Anticipatory Bail in Crime No.9 of 2024 on the file of the respondent Police.2/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025For Crl.O.P(MD)No.18963 of 2024S.Surya Prakash ... Petitioner/Accused VsState of Tamil Nadu,The Inspector of Police,District Crime Branch,Karur District.(In Crime No.9/2024). ... Respondent/Complainant For Petitioner : Mr.A.Nataraj Senior Counsel For Mrs.A.Madhumathy For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor: Mr.B.Saravanan Senior Counsel For Mr.K.Suresh PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :-For Anticipatory Bail in Crime No.9 of 2024 on the file of the respondent Police.3/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025For Crl.O.P(MD)No.20272 of 20241.Muthu Kumar2.Rajkumar ... Petitioner/Accused VsState of Tamil Nadu,The Inspector of Police,District Crime Branch,Karur District.(In Crime No.9/2024). ... Respondent/Complainant For Petitioner : Mrs.B.Kalpana For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor: Mr.B.Saravanan Senior Counsel For Mr.K.Suresh PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.9 of 2024 on the file of the respondent Police.4/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025For Crl.O.P(MD)No.180 of 2025Shailendra Kumar Chanchal ... Petitioner/Accused VsState of Tamil Nadu,The Inspector of Police,District Crime Branch,Karur District.(In Crime No.9/2024). ... Respondent/Complainant For Petitioner : Mr.S.Sankar For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor: Mr.B.Saravanan Senior Counsel For Mr.K.Suresh PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :-For Anticipatory Bail in Crime No.9 of 2024 on the file of the respondent Police.COMMON ORDER : The Court made the following order :- Crl.O.P(MD)No.18963 of 2024 has been filed by A1, Crl.O.P(MD)No.18810 of2024 has been filed by A3, Crl.O.P(MD)No.18887 of 2024 has been filed by A2,5/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025Crl.O.P(MD)No.20272 of 2024 has been filed by A4 and A5 and Crl.O.P(MD)No.180of 2025 has been filed by A7.2.The case of the prosecution is that the defacto complainant is engaged intextile business. There is a partnership firm called M/s.Abhinav Fabrics and there isalso a private limited company named as M/s.Abhinav Fabrics Private Limited. Thedefacto complainant got acquainted with A1, who is working as a District RevenueOfficer and he expressed his intention to expand the business. It is alleged that A1deceived the defacto complainant that he will get Government contract and heintroduced A2 to the defacto complainant, who was working as a Section Officer inthe Secretariat. It is further alleged that A1 informed the defacto complainant that A3to A5 had taken work order from Dima Hasao and asked the defacto complainant toregister their profile with Gem Portal in order to get Government contracts.Accordingly, the defacto complainant is said to have paid a sum of Rs.25,000/- to A2for this purpose. Thereafter, A1 and A2 informed the defacto complainant that theycan secure Government contract from Assam in view of the special status given to theCouncil namely, Dima Hasao, which can enter into contract with any person in thecountry. Believing their words, the defacto complainant went to Guwahati in orderto show the samples with the assistance of A2 and his team members, who are A3 to6/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025A5. They arranged for a meeting with A6, who claimed that he is a ProcurementDirector of Dima Hasao Autonomous Council. The defacto complainant also showedthe samples to A6.3.Further case of the prosecution is that on 28.12.2021, A1 informed the defactocomplainant that order has been secured for which, a sum of Rs.10,00,000/- has to bepaid for completing the formalities. This amount was remitted by the defactocomplainant into the bank account particulars furnished to him. The defactocomplainant also received a work order, dated 28.12.2021 and based on the same, thedefacto complainant procured the materials and shipped the materials to the addressgiven by the accused persons. Towards procuring materials, a sum of Rs.3.54 Croreswas spent by the defacto complainant. The defacto complainant was furtherinformed by A1 and A3 that they have secured a solar panel order worth aboutRs.100 Crores. The defacto complainant was asked to arrange a sum of Rs.5 Croresfor completing the formalities. The defacto complainant managed to pay a sum ofRs.4.82 Crores. Thereafter, further purchase orders were given to the defactocomplainant. As per the instructions given by A3, the defacto complainant paid afurther sum of Rs.50 Lakhs to the account of A8.7/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 20254.The defacto complainant was insisting for the payment for the materialssupplied by him and the same was evaded by the accused persons by assigning onereason or the other. Later the defacto complainant realized that he has been cheatedby the accused persons to the tune of Rs.15 Crores. Upon continuous demand madeto the accused persons, a sum of Rs.84.40 Lakhs was paid and thereafter, the defactocomplainant was left high and dry. 5.The accused persons, who apprehended arrest filed anticipatory bail petitionsand the accused persons who were arrested and remanded to judicial custody filedbail petition before this Court.6.The anticipatory bail petitions in Crl.O.P(MD)No.18810, 18887, 18963 of 2024came up for hearing on 08.11.2024 and this Court passed the following order:"This Court heard the learned Senior Counsel, counsels appearing onbehalf of the petitioners who have been arrayed as A3, A2 and A1respectively. This Court also heard the learned Senior Counsel on behalf ofthe intervenor and the learned Government Advocate(Crl.side) on behalfof the respondent police. The learned Government Advocate(Crl.side) onbehalf of the respondent police submitted that the police officer in the rank8/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025of the Deputy Superintendent of Police has been assigned the task ofInvestigation in this case. 2.Considering the submission made on either side, this Court deemsit fit to direct the investigating officer to issue notice and call the accusedpersons for enquiry. The investigating officer shall consider the compliantgiven by the defacto compliant and also the materials relied upon. Basedon the same, the accused persons shall be summoned and they shall co-operate for the enquiry and also shall give their statement along with thematerials relied upon by them. This procedure can be resorted to at thisstage since the case in borne out by records. This Court is inclined to givefour weeks time to the investigating officer to conduct the preliminaryenquiry and to submit a report before this Court. Based on the report,further course of action can be decided. It is made clear that whenever theinvestigating officer summons the accused persons, they are duty boundto attend the enquiry and clarify/give their statement. Hence, co-operationon behalf of the accused persons will also enable the investigating officerto arrive at some preliminary findings in this case. 3.Post these petitions for hearing on 09.12.2024. Till then, thepetitioners need not be arrested. 9/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 20254.It is made clear that if the accused persons take advantage of thisorder and evade participation in the enquiry, that by itself will be groundfor dismissal of the anticipatory bail petitions." 7.The bail petition filed by A4 and A5 came up for hearing on 21.11.2024 andthis Court passed the following order:"The petitioners / Accused Nos.4 and 5, who were arrested andremanded to judicial custody on 25.10.2024 for the offence under Sections 120(b), 406, 420, 465, 468 and 471 of IPC in Crime No.09 of 2024, on the file of therespondent Police, seek bail. 2. Heard the learned counsel appearing for the petitioners, the learnedcounsel appearing for the intervener and the learned Government Advocate(Criminal Side) appearing for the respondent Police. 3. Accused Nos.1, 2 and 3 have filed anticipatory bail petitions inCrl.O.P. (MD).Nos.18810, 18887 and 18963 of 2024 and this Court issuedcertain directions by an order dated 08.11.2024 and directed the accusedpersons not to be arrested. 4. In view of the above, this Court is inclined to grant interim bail to thepetitioners subject to the following conditions. 10/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 20255. Accordingly the petitioners are ordered to be released on interim bailon executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only)each with two sureties, each for a like sum to the satisfaction of the learnedJudicial Magistrate No.I, Karur and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impressionin the surety bond and the Magistrate may obtain a copy of their Aadhar cardor Bank pass Book to ensure their identity. [b] the petitioners shall report before the Deputy Superintendent ofPolice, Karur, daily at 10.30 a.m., until further orders. 6. Registry is directed to post this case along with Crl.O.P.(MD).Nos.18810, 18887 and 18963 of 2024 on 09.12.2024." 8.The petitions were listed for hearing on 09.12.2024 and the following orderwas passed by this Court:"Pursuant to the earlier order passed by this Court, a detailed statusreport has been filed by the respondent and this Court had the advantage ofgoing through the entire status report. The investigation is now at a very crucialstage where the Investigating Officer namely Mr.N.Muthu Kumar, DeputySuperintendent of Police, DCB, Karur, has sent a communication to the11/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025Chairperson of DIMA HASAO Office, Haflong District, Assam and had soughtfor some particulars. That apart, the Investigating Officer is also verifying thedetails of the account holders by issuing necessary communication to theBanks. The Investigating Officer was present before the Court at the time ofhearing and he stated that he has to personally go to Assam in order to expeditethis process. He further stated that whenever the accused persons were calledfor the enquiry, they appeared before the Investigating Officer. 2. This Court wants to await the further report from the InvestigatingOfficer before passing final orders in these petitions. It goes without saying thatas and when the Investigating Officer calls for the enquiry, the accused personsare bound to appear before the Investigating Officer and cooperate during theinvestigation. 3. Registry is directed to post these cases on 06.01.2025. In the meantime,the interim protection granted by this Court shall continue. 4. The status report filed by the respondent Police shall be kept in a sealedcover."9.The petitions were again listed for hearing on 06.01.2025 and this Courtpassed the following order:"When the matter was taken up for hearing today, the learned Government12/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025Advocate (Criminal Side) appearing for the respondent Police submitted that theInvestigation Officer visited Assam and had collected all the details and also therelevant documents. The relevant documents were placed before this Court in asealed cover. 2. In view of the above, there shall be a direction to the Investigation Officerto file an additional status report containing the materials collected after visitingAssam. Based on the same, final orders can be passed in these petitions. Thematerials that were placed before this Court in a sealed cover was handed over tothe learned Government Advocate (Criminal Side) and the same shall be placedbefore this Court along with the status report during the next date of hearing. 3. In Crl.O.P.(MD).No.20272 of 2024, it is brought to the notice of this Courtthat the petitioners are reporting before the Deputy Superintendent of Police,Karur, daily at 10.30 a.m. and whereas, the Investigating Officer in this case is theDeputy Superintendent of Police, District Crime Branch, Karur. It is also broughtto the notice of this Court that the petitioners are reporting before the DeputySuperintendent of Police, DCB, Karur, as and when summoned. 4. In view of the same, the petitioners in Crl.O.P.(MD).No.20272 of 2024 aredirected to appear before the Investigating Officer, viz., Deputy Superintendentof Police, District Crime Branch, Karur, as and when required for interrogation. 13/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 20255. Post these cases on 20.01.2025."10.Pursuant to the above order, the matter was listed for hearing on 20.01.2025and this Court heard Mr.S.Sankar, Mr.S.Ramasamy, Mrs.B.Kalpana andMr.A.Natarajan, learned Counsel appearing for the petitioners, Mr.B.Saravanan,learned Senior Counsel appearing for the intervenor and Mr.B.Thanga Aravindh,learned Government Advocate (Crl.Side) appearing for the respondent police.11.The sum and substance of the submissions made on the side of thepetitioners is that a pure and simple business transaction is being given a criminalcolor by the defacto complainant and that the complaint itself has been given torecover money from the accused persons and there is a significant delay in lodgingthe complaint which itself shows that the criminal law has been set in motion only toarm-twist the accused persons and recover the money. Insofar as A1 is concerned, itwas contended that A1 is working as District Revenue Officer and he wasapproached by the defacto complainant for helping him to open a Gem Portal andthat the defacto complainant wanted to get Government contracts through A1, whichwas not acceded to. Apart from that no money or any illegal gratification wasreceived by A1. A2, who is presently working as BDO has also taken a similar stand14/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025since A2 was introduced to the defacto complainant by A1. Insofar as A3 isconcerned, he was doing business along with the defacto complainant and that hehad nothing to do with the contracts that were secured by the defacto complainant atAssam. Insofar as A4 and A5 are concerned, they have taken a stand that they havenothing to do with the business transaction and it was only A1 and A2 who hadintroduced the defacto complainant to them. They were also arrested by therespondent police and were remanded to judicial custody on 25.10.2024 and theywere released on interim bail by this Court on 21.11.2024. Insofar as A7 is concerned,he has taken a stand that he has been falsely implicated in this case as if he hadfacilitated the contracts at Assam and that he has not received any money from theother accused persons and he is in no way involved in the business transactionsbetween the parties.12.The learned Government Advocate (Crl.Side) appearing on behalf of therespondent police submitted that it is a clear case of cheating where the accusedpersons have managed to lure the defacto complainant to part with materials byshowing work orders from Assam, which were all found to be forged and fabricateddocuments. He further submitted that there are specific overt acts against each andevery accused person in this case and it was contended that a well thought out15/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025conspiracy was hatched by the accused persons and the defacto complainant hasbeen cheated to the tune of Rs. Nearly 15 Crores. He further submitted that A1 andA2 who are Government officials not only misused their office but also managed toconnive with the other accused persons and forged work orders were manufacturedand the defacto complainant was made to act upon the same. It was submitted thatthe accused persons are attempting to project as if it is a commercial transaction andwhereas it has now come to light that there is a large scale conspiracy among theaccused persons to cheat the defacto complainant by involving Assam State and thatthe case in hand requires custodial interrogation in order to gather vitalinformation/materials to make substantial progress in the investigation.Accordingly, the learned Government Advocate (Crl.Side) sought for the dismissal ofthese petitions.13.The learned Senior Counsel appearing on behalf of the intervenor apart fromadopting the arguments of the learned Government Advocate (Crl.Side), placedvarious materials before this Court to establish as to how the defacto complainantwas cheated by the accused persons. He submitted that there are absolutely nomerits in these petitions and accordingly sought for the dismissal of these petitions.16/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 202514.This Court has carefully considered the submissions made on either side andthe materials available on record.15.It is pellucid from the earlier orders passed by this Court that this Courtwanted to ascertain and get the real picture behind the transaction that actually tookplace between the parties. This is the reason why this Court directed the accusedpersons to attend for the enquiry conducted by the investigation officer and did notrush through to take a decision in these petitions.16.On going through the materials that have now been collected by theinvestigation officer, which was handed over in a sealed cover along with the statusreport, prima facie, it is seen that the accused persons have hatched a well thoughtout conspiracy in order to cheat the defacto complainant. It was an unholy alliancebetween the officials and the private individuals. The materials placed before thisCourt shows that moral turpitude is apparent on the part of the accused persons.17.Insofar as A1 is concerned, he was the one, who started this exercise andintroduced A2 to the defacto complainant. The messages that were exchanged by A1and the defacto complainant shows that A1 was very much behind the entire17/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025transaction and he cannot feign ignorance. Similarly, A2 is actively involved in thiscase and he in fact travelled along with the defacto complainant and A5 to Guwahati.A3 is also very much involved in this case and he had also shared the forged workorder and the specific overt act of A3 has been explained in detail in the status report.The involvement of A4, A5 and A7 has also been brought out in the status report.18.The criminal intention on the part of the accused persons becomes moreclearer due to the fact that the work orders that are said to have been issued bySonoawal Kachari Autonomous Council, Matak Autonomous Council, Dima HasaoCounsil were all found to be forged and fabricated documents. For this purpose, theinvestigation officer went to Assam and conducted a detailed enquiry and found thateach and every one of the work order was a forged document and no such workorder was issued by any of the Council in Assam. In fact after coming to know aboutthe fabricated work orders, it was informed to the investigation officer that an FIR hasbeen registered at Assam based on the complaint lodged by the Principal Secretary ofthe Council and A8 had committed similar offence, for which investigation ispending. In view of the same, it is futile on the part of the accused persons to projectthe case as if it is a business transaction and that the defacto complainant isattempting to give it a criminal color. The fact remains that the payments have been18/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025made by the defacto complainant which is reflected in the bank statements and thesupply of the materials have also been made to those persons, who were shown byA1 and A2.19.The investigation officer has taken a specific stand that the larger conspiracyhas to be unearthed for which custodial interrogation is required.20.In the considered view of this Court, the seriousness of the allegations madein the complaint and the materials that have been unearthed shows that there is aclear element of moral turpitude on the part of the accused persons. If the accusedpersons are granted anticipatory bail, there are all chances of the evidence beingtampered and the investigation getting delayed. That apart, the allegations are veryserious since it involves another State and the investigation officer has to be given afree hand to decide as to whether he wants to call the accused persons for enquiry orwants to make custodial interrogation to collect more materials. The facts of thepresent case do not deserve any lenient consideration and the anticipatory bailpetitions and the bail petition are liable to be dismissed by this Court.21.The petitioners in Crl.O.P(MD)No.20272 of 2024 who were granted interim19/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 2025bail are directed to surrender before the Superintendent of Prisons, District Prison,Karur on or before 24.01.2025 by 05.00 p.m.22.In the result, all these criminal original petitions stand dismissed.Consequently, connected miscellaneous petitions are closed. sd/- 23/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. LR TO1.THE JUDICIAL MAGISTRATE NO.I,KARUR.2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,KARUR DISTRICT.3.THE SUPERINTENDENT,DISTRICT PRISON, KARUR.4.THE INSPECTOR OF POLICE,DISTRICT CRIME BRANCH,KARUR.20/21 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.180 of 20255.THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.COPY TO:THE DEPUTY SUPERINTENDENT OF POLICE, DCB, KARUR+1 CC to M/s.S.SANKAR, Advocate ( SR-758[I] dated 23/01/2025 )+2 CC to M/s.A.MADHUMATHI, Advocate ( SR-767, 734[I] dated 23/01/2025 ) ORDER IN CRL OP(MD) Nos.18810, 18887, 18963 of 2024 and 20272 of2024 and Crl.O.P(MD)No.180 of 2025andCrl.M.P(MD)Nos.11835, 11873 and 11807 of 2024 Date :23/01/2025RK/VR (24/01/2025) 21P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 21/21