M.S.Raghavan v. Directorate Of Enforcement

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.Nos.2146 & 2148 of 2024 in Crl.O.P.Nos.8787 & 8789 of 2023 Mr.M.S.Raghavan ...Petitioner (in both Crl.M.P's) Vs.

1.Directorate of Enforcement, Rep. by its Deputy Director, Chennai Zone-I, Ministry of Finance, Department of Revenue, 2nd and 3rd floor, C Block Murugesa Naiker Officer complex, 84, Greams Road, Thousand Lights, Chennai - 600 006.

2.The Deputy Director Immigration, The Bureau of Immigration, East Block-VIII, R.K.Puram, New Delhi - 66.

... Respondent in Crl.M.P.No.2146 of 1/6

1.Inspector of Police, Central Bureau of Investigation, Banking Security and Fraud Cell, Bangalore.

(Ref. Crime No.9(E) of 2018) 2.The Secretary, South Block, New Delhi - 110 001.

(Ref. LOC No.1842564) ... Respondent in Crl.M.P.No.2148 of Prayer in Crl.M.P.No.2146 of 2024 : Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai to return the original title documents deposited by the petitioner as per order of this Court dated 12.06.2023 in Crl.O.P.No.8789 of 2023 pending on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai in C.C.No.554 of 2023(RC. No.09(E)/2018).

Prayer in Crl.M.P.No.2148 of 2024 : Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code, pleased to direct the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai to return the original title documents deposited by the petitioner as per order of this Court dated 12.06.2023 in Crl.O.P.No.8787 of 2023 in C.C.No.554 of 2023 (RC.No.09(E)/2018), pending on the file of the Additional Chief Metropolitan 2/6

Magistrate, Egmore, Chennai.

(in both Crl.O.P's) For Petitioner :

Mr.V.Arun Srinivasan For Respondent 1 :

Mr.Cibi Vishnu Special Public Prosecutor for ED For Respondent 2 :

Mr.K.Srinivasan Special Public Prosecutor for CBI C O M M O N O R D E R This Criminal Miscellaneous Petitions have been filed seeking to direct the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai to return the original title documents deposited by the petitioner as per order of this Court dated 12.06.2023 in Crl.O.P.Nos.8787 and 8789 of 2023 in C.C.No.554 of 2023 (RC.No.09(E)/2018), pending on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai.

2. This Court, by a common order dated 12.06.2023, in Crl.O.P.Nos.8787 and 8789 of 2023, had permitted the petitioner to travel abroad from 01.07.2023 to 31.12.2023 on condition to deposit of original title deeds of documents.

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3. Pursuant to the same, the petitioner had complied with the conditions and as he has returned to India from USA on 25.12.2023, the present petition has been filed seeking for a direction to the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai to return the original title deeds of documents deposited in pursuant to the condition 10(a) of the order dated 12.06.2023.

4. Mr.K.Srinivasan, Special Public Prosecutor for Central Bureau of Investigation and Mr.Cibi Vishnu, Special Public Prosecutor for Enforcement Directorate would submit that the petitioner has returned back to India as per the undertaking given by him before this Court.

5. Taking into consideration the submissions made by the learned counsel on either side and on ensuring the fact that the petitioner has returned back to India, the learned Chief Metropolitan Magistrate, Egmore is directed to return the title deeds of documents which have been deposited by the petitioner in compliance of the condition 10(a) imposed by this Court in Crl.O.P.Nos.8787 & 8789 of 2023, dated 12.06.2023.

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6. Accordingly, the Criminal Miscellaneous Petitions stand ordered. 16.02.2024 Index : Yes / No Speaking / Non-speaking rjr To 1.Directorate of Enforcement, Rep. by its Deputy Director, Chennai Zone-I, Ministry of Finance, Department of Revenue, 2nd and 3rd floor, C Block Murugesa Naiker Officer complex, 84, Greams Road, Thousand Lights, Chennai - 600 006.

2.The Deputy Director Immigration, The Bureau of Immigration, East Block-VIII, R.K.Puram, New Delhi - 66.

3.The Secretary, South Block, New Delhi - 110 001.

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A.D.JAGADISH CHANDIRA, J.

rjr 4.Inspector of Police, Central Bureau of Investigation, Banking Security and Fraud Cell, Bangalore.

Crl.M.P.Nos.2146 & 2148 of 2024 in Crl.O.P.Nos.8787 & 8789 of 2023 16.02.2024 6/6