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Madras High CourtCRL OP/5514/2026modified

R.Arumugam v. Central Bureau Of Investigation Rep.By, The Inspector Of Police,

2026-03-11Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA R.Arumugam ... Petitioner Vs.

Central Bureau of Investigation, Represented by, The Inspector of Police, Anti-Corruption Branch, Central Bureau of Investigation, Shastri Bhawan, III Floor, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 r/w 483(b) of the Bharatiya Nagarik Suraksha Sanhita, to modify the condition imposed in the summons issued by the learned XI Additional Special Judge for CBI Cases, Chennai, in Calendar Case No.16 of 2025, on its file in R.C.No.15/A/2017, on the file of the CBI/ACB/Chennai dated 28.11.2025. For Petitioner : Mr.R.Krishnamurthy For Respondent : Mr.K.Srinivasan Special Public Prosecutor (CBI) 1/6

O R D E R

The present Criminal Original Petition has been filed seeking to modify the condition imposed in the summons dated 28.11.2025 issued by the learned XI Additional Special Judge for CBI Cases, Chennai, in C.C.No.16 of 2025 in R.C.No.15/A/2017, on the file of the CBI/ACB/Chennai.

2.

At the outset, it is worth pointing out that the date of the impugned summons is 28.11.2025 and not 18.11.2025 as wrongly stated in the index to the typed set of papers and petition. Hence, this Court proceeds to refer to the date of the impugned summons correctly as 28.11.2025 and not 18.11.2025, as wrongly stated in the index to the typed set of papers and petition 3.

The submissions of the learned counsel appearing for the petitioner are as follows:- 3.1. The petitioner/A4 in C.C.No.16 of 2025 was served with summons directing his appearance before the XI Additional Special Court for CBI Cases, Chennai, on 30.11.2025 with a condition to execute a bond for Rs.20,000/- with 2 sureties, each for a like sum without fail. It was further directed that if the sureties are blood relatives, production of identity 2/6

proof would suffice and if the sureties are other than blood relatives, they must produce Fixed Deposit Receipt for Rs.20,000/- each. It was further specified that online Fixed Deposit will not be entertained and only original FDR (hard copy) should be produced.

3.2. The condition imposed in the summons being onerous, the petitioner is unable to comply with the same. The petitioner is ready to cooperate in the investigation and will appear before the trial Court on all hearing dates. Further, the petitioner will not cause any delay in the proceedings.

3.3. In respect of similarly placed co-accused, this Court has modified the condition vide orders dated 20.01.2026, 21.01.2026 28.01.2026 in Crl.O.P.Nos.787, 558, 999 & 1254 of 2026. Hence, modification of the said condition is sought. 4.

Learned Special Public Prosecutor for CBI cases submitted that the accused, in conspiracy with the bank manager and a broker, had availed loan from a public sector bank by forging documents, thereby cheating the bank. He further submitted that the only requirement is to ensure the regular presence of the petitioner before the trial Court without fail and that he should not be the cause for any delay in the trial proceedings. He also submitted that the petitioner, in the present petition, 3/6

had erroneously extracted the summons issued in respect of A9, C.V.Ramesh, instead of A4.

5.

Having heard the learned counsel appearing on both sides and upon perusal of the materials available on record and taking note of the fact that this Court has modified similar condition in respect of similarly placed co-accused, this Court is inclined to modify the condition imposed on the petitioner in C.C.No.16 of 2025, vide impugned summons dated 28.11.2025.

6.

Accordingly, the condition imposed in the summons dated 28.11.2025, C.C.No.16 of 2025 in R.C.No.15/A/2017, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.5,000/-, with two sureties, each for a like sum.

7.

With the above modification, this Criminal Original Petition stands disposed of.

11.03.2026 ham Note: Issue order copy by 12.03.2026.

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To 1.

The XI Additional Special Judge for CBI Cases, Chennai.

2.

The Inspector of Police, Anti-Corruption Branch, Central Bureau of Investigation, Shastri Bhawan, III Floor, No.26, Haddows Road, Nungambakkam, Chennai - 600 006.

3.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham 11.03.2026 6/6