Crl.O.P.Nos.3372 and 3779 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

:10.03.2022

Pronounced on

:16.03.2022

Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

Crl.O.P.Nos.3372 and 3779 of 2022

Crl.O.P.No.3372 of 2022:

S.R.Kavin Sidhaarth, M/A 42 years

Earlier Known as R.Senthil Kumar

S/o Ramachandran

.. Petitioner

/versus/

State rep.by

The Deputy Director,

Directorate of Enforcement,

Chennai.

.. Respondent

Prayer:

Criminal Original Petitions have been filed under Section

439 of Cr.P.C., praying to enlarge the petitioner on bail in Spl.C.C.No.7

of 2021 pending trial on the file of the XII Additional Special Judge for

CBI Cases at Chennai.

For Petitioner

:Mr.R.Sami

For Respondent

:Mr.N.Ramesh

Spl.Public Prosecutor

(Enforcement)

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Crl.O.P.Nos.3372 and 3779 of 2022

Crl.O.P.No.3779 of 2022:

S.Kiyam Mohammed, Male/Aged

about 36 years)

S/o Shri.Shajahan

.. Petitioner

/versus/

The Deputy Director,

Directorate of Enforcement

Chennai Zonal Office II

Govt.of India

5^th Floor, III Block, B-Wing,

Shastri Bhavan, Haddows Road,

Chennai 600 006.

..Respondent

Prayer:

Criminal Original Petitions have been filed under Section

439 of Cr.P.C., praying to enlarge the petitioner on bail in Spl.C.C.No.7

of 2021 pending trial on the file of the XII Additional Special Judge for

CBI Cases at Chennai in ECIR No.ECIR/CEZO-II/05/2017, dated

01/04/2017 on the file of the respondent.

For Petitioner

:Mr.B.Dhanasekaran

For Respondent

:Mr.N.Ramesh

Spl.Public Prosecutor

(Enforcement)

---------

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Crl.O.P.Nos.3372 and 3779 of 2022

COMMON ORDER

The petitioner in Crl.O.P.No.3372 of 2022, who arrested on

22.09.2019 and remanded into judicial custody on 24.09.2019 for the

alleged offence punishable under Sections 3 and 4 of the Prevention of

Money Laundering Act, 2002 in Crime No.ECIR/CEZO-II/05/2017 on

the file of the respondent police, seeks bail.

The petitioner in Crl.O.P.No.3779 of 2022, who arrested and

remanded into judicial custody on 13.01.2022 for the alleged offences

punishable under Sections 3 and 4 of the Prevention of Money

Laundering Act, 2002 in Crime No.ECIR/CEZO-II/05/2017 on the file of

the respondent police, seeks bail.

2.The bail petitions in Crl.O.P.No.3372/2022 and Crl.O.P.No.

3779/2022 are by the first and the seventh accused respectively in

Spl.C.C.No.7 of 2021 pending on the file of XII Additional Special Judge

for CBI cases, designated to try cases under PMLA offences.

3.The factual background for the arrest of these petitioners and the

grounds canvassed for bail are as below:-

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Crl.O.P.Nos.3372 and 3779 of 2022

Initially, CCB-1, Chennai registered a case in Cr.No.63/2017 dated

06/03/2017 under Sections 465,467,468, 471 and 420 IPC against

P.Kannan and others. The crime being related to scheduled offences

under the Prevention of Money Laundering Act, 2002, (in short

“PMLA”), ECIR NO.CEZO-II/05/2017 dated 01/04/2017 was recorded

by the Directorate of Enforcement/ Respondent herein.

4.The material gathered by the respondent reveals that, one

B.Kannan claiming himself as a sole Proprietor had opened a current

account in Indian Bank, Thousand Light Branch in the name and style of

M/s B.K.Electro Tool Products. This account was in operation only for

three months i.e between 31/08/2016 and 05/10/2016. During this period

there was cross border wire transaction of USD 1,205,550.69 equivalent

of Indian Rs.8,09,17,723.00 on 13 different occasions towards direct

import of goods.

5.The Assistant Commissioner of Police, Forgery Investigation

Wing, Greater Chennai, investigating Cr.No.63/2017, informed the

Directorate of Enforcement about the arrest of B.Kannan, the second

accused in this case. Pursuant to this information, the Officers of

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