The court ruled that serious allegations of fraud and potential prejudice to the trial justified the dismissal of the bail application.

JUDGMENT :

[Judgment was delivered by S.M.SUBRAMANIAM, J.]

The criminal appeal on hand has been instituted to assail the order dated 15.12.2023 in Crl.M.P.No.2361 of 2023 in Spl.S.C.No.1 of 2022 in R.C.No.02/2022/NIA/DIL.

2. The allegations set out against the appellant are that she came to India on 16.12.2019 using her Sri Lankan Passport N8308158 (valid only till 10.05.2019 to 10.05.2029) with Indian Electronic Tourist Visa 9028AD7BJ, which was valid only till 02.12.2020. Since the Tourist Visa got expired, she intended to obtain Indian Passport by fraudulent means and she stayed at D.No.32, Block 166, 2nd Shakthi Colony, 4th Avenue, Anna Nagar, Chennai and using the rent lease agreement with the house owner, Sri Jaykumar, she obtained other Indian identity documents in a fraudulent manner. Further, she obtained Gas/LPG connection after which she opened bank accounts in IOB, Kilpauk Branch and also in various other Banks. Later she obtained Aadhar Card bearing No.4931 2179 9448 from UIDAI. Further, she also obtained Indian Pan Card bearing No.BFLPL 34901J on 09.10.2020 through NDSL in fraudulent manner and created false Indian Voter identity card bearing No.RAZ2456734. With these documents, she applied and obtained Indian Passport, bearing No.U8011090 from the Regional Passport Office, Chennai on 04.12.2020 dishonestly and fraudulently. She stayed back in India with the intention to siphon off huge amount from a Bank account in IOB, Fort Branch, Mumbai held in the name of Hamida A Lalljee with account No.xxxxx8029 and for using the same to revive LTTE Organisation in India and Sri Lanka. The above said copy of Indian Passport, copy of Indian Voter identity card, Sri Lankan Passport in original, original boarding pass of Go Air Flight were seized from her. The case was registered in the respondent in Cr.No.1 of 2021 for alleged offences under Sections 420, 465, 468, 471 of Indian Penal Code (IPC) and Sections 12(1)(b), 12(IA)(a) of Passport Act, 1967 and Section 14(a) of Foreigners Act, 1946 and Sections 18, 39 and 40 of Unlawful Activities (Prevention) Act, 1967.

3. The Trial Court elaborately considered the grounds raised by the appellant and objections submitted by the respondent and rejected the bail application by relying on the judgment of the Hon'ble Supreme Court of India. The appellant mainly raised health grounds and with reference to the health grounds, the Trial Court has made the following findings to Point No.5, reads as under;

“The details of out-OP Referral, Admission at Stanley Medical College, IMH, RSRM