Crl.A.Nos.715 & 716 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 13.09.2022

PRONOUNCED ON : 01.11.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH

AND

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

Crl.A.Nos.715 & 716 of 2022

1. G.Dharmendran

.. Appellant in Crl.A.No.715/22

/Accused No.6

2. E.Mohan

.. Appellant in Crl.A.No.716/22

/Accused No.7

Vs.

Union of India rep by:

The Inspector of Police

National Investigation Agency,

Chennai-4.

(Crime R.C.No.2/2022/NIA/DLI)

.. Respondent in both Crl.As.

Prayer in Crl.A.No.715 of 2022: Criminal Appeal filed under Section

21(4) of NIA Act, to set aside the order in Crl.M.P.No.231 of 2022 dated

18.05.2022 in Spl.S.C.No.1 of 2022 in Crime RC No.02/2022/NIA/DLI

on the file of the Special Court under the National Investigation Agency

Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases),

Poonamallee at Chennai and to grant bail to the appellant/A6.

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Crl.A.Nos.715 & 716 of 2022

Prayer in Crl.A.No.716 of 2022: Criminal Appeal filed under Section

21(4) of NIA Act, to set aside the order in Crl.M.P.No.232 of 2022 dated

18.05.2022 in Spl.S.C.No.1 of 2022 in Crime RC No.02/2022/NIA/DLI

on the file of the Special Court under the National Investigation Agency

Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases),

Poonamallee at Chennai and to grant bail to the appellant/A7.

For Appellant

: Mr.V.Maharajan

(in both cases)

For Respondent(s)

: Mr.R.Karthikeyan,

(in both cases)

Special Public Prosecutor (NIA)

COMMON JUDGMENT

RMT.TEEKAA RAMAN, J.

Crl.A.No.715 of 2022 is filed by G.Dharmendran (A6), against the

order passed by the Special Court for NIA Cases, rejecting his bail

petition in Crl.M.P.No.231 of 2022, while Crl.A.No.716 of 2022 is filed

by E.Mohan (A7) against the order of rejecting his bail petition in

Crl.M.P.No.232 of 2022 dated 18.05.2022. Since the contentions raised

in both the cases are common, they are taken up together, common

arguments were heard and disposed of by this common judgment.

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Crl.A.Nos.715 & 716 of 2022

2. The facts distilled from the final report in Spl.S.C.No.01 of 2022

on the file of the Special Judge, Special Court for Trial of NIA Cases at

Poonamallee, Chennai are as under:-

(a) The deceased Hamida A Lalljee (for short “Hamida”)

was having a Savings Bank Account in Indian Overseas Bank, Mumbai

Fort Branch, in which, around Rs.40,00,00,000/- [Rupees Forty Crores

only] was available. It appears that the said SB Account was not

frequently operated. This came to the notice of the The Liberation Tigers

of Tamil Eelam (for short “LTTE”), a proscribed Terrorist Organization

under the Unlawful Assembly (Prevention) Act, 1967 (for short “UAP

Act”) and that they decided to stealthily siphon off the said money for

their organization. One Umakanthan @ Idhayan @ Charles @ Iniyan, a

key LTTE operative stationed in Europe was closely monitoring the said

savings bank account. On his directions, a Srilankan Tamil lady

Letchumanan Mary Franciska (A1) [for short “Mary”] came to India

and managed to obtain documents like Aadhaar, Pan and Indian Passport

in her name. One Kenniston Fernando (A2), K.Baskaran (A3), C.

Johnson Samuel (A4), G. Dharmendran (A5) and E.Mohan (A6) also

joined the bandwagon at various stages of operations in order to knock-

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Crl.A.Nos.715 & 716 of 2022

off the money. They started to create fake Power of Attorney as if the

deceased Hamida had given it in favour of A1, armed with which, they

attempted to withdraw the amount from the said account of the deceased

Hamida. However, before they could execute their dubious plan,

misfortune fell on them when A1-Mary was intercepted at Chennai

Airport on 01.10.2021 with an Indian Passport and, thereafter, she was

handed over to the 'Q' Branch CID of