Letchumanan Mary Franciska v. The Union Of India Represented By,
2024:MHC:3566
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Letchumanan Mary Franciska ... Appellant Vs.
1.Union of India, Represented by The Inspector of Police, National Investigation Agency, Chennai.
(RC/02/2022/NIA/DLI) 2.The Superintendent of Prisons, Central Prison-III, Puzhal.
... Respondents [R2 Suo-motu impleaded as per order dated 05.06.2024 made in Crl.A.No.399/2024] Prayer: Criminal Appeal filed under Section 21 of National Investigation Agency Act, 2008, to call for the records pertaining to Crl.M.P.No.2361 of 2023, on the file of the Special Court under the National Investigation Agency Act, 2008, (Sessions Court for Exclusive Trial of Bomb Blast Cases)
Chennai at Poonamallee dated 15.12.2023, set aside the same and enlarge the appellant on bail in RC/02/2022/NIA/DIL on the file of the respondent police.
For Appellant : Mr.Gokul Ram For Mr.R.Prasadh For R1 : Mr.R.Karthikeyan Special Public Prosecutor [For NIA] Assisted by Mr.G.Siddi Ramulu Senior Public Prosecutor [For NIA] For R2 : Mr.S.Rajakumar Additional Public Prosecutor
J U D G M E N T
[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.
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 Sl.
No.
Date of Referred Referred Hospital Referred Advice Management Department Treatment 23.10.2021 Stanley Medical College Hospital Neuro Medicine CT Brain taken Normal Ortho Medicine finding Ortho X ray B/L Knee - AP/L N diagnosed as seizure disorder started on Anti - Epileptics.
18.11.2021 Stanley Medical College Hospital Ortho, Neuro Review and continue Antiepileptics 01.12.2021 Stanley Medical College Hospital Psychiatiric Started on drugs for depression 04.12.2021 Stanley Medical College Hospital Medicine Admission 4-12-21 - 9-12-21 treated for SHT/ T2DM/ SZD /HYPOTHYROID/Depression
Sl.
No.
Date of Referred Referred Hospital Referred Advice Management Department Treatment complete blood, X-ray chest ECG, USG-Abdomen-Normal study 18.12.2021 Stanley Medical College Hospital Psychiatiric Review 19.01.2022 Stanley Medical College Hospital Neurology Review 05.02.2022 RSRM OBS & GYNAE Menorrhagia USG Pelvis Submucosal fibroid?
Endometrial growth suggested MRI Pelvis 10.02.2022 SPW Puzhal Seen by IMH Psychiatrist advised for admission 19.02.2022 IMH Psychiatrist Admission from 19.02.2022 - 22.02.2022 admitted Depressive disorder co morbidities/Seizures/T2D M/hypothyroid.SHT/Age with no dehydration 12.03.2022 RSRM OBS & GYNAE Plan for via/vili 19.03.2022 RSRM OBS & GYNAE VIA/VILI - negative 21.03.2022 RSRM OBS & GYNAE MRI-Pelvis, Diffuse Uterine Adenomyosis 16.04.2022 RSRM OBS & GYNAE Review 29.04.2022 RSRM Psychiatrist Plan for fractional currettage Under anaesthesis 07.05.2022 RSRM OBS & GYNAE Review advised for CBC, Thyroid 14.05.2022 RSRM OBS & GYNAE Review, RFT, LFT, Cardio opinion 17.05.2022 Stanley Cardiology ECG, ECHO done 18.05.2022 Stanley General medicine for blood investigation
4. Further, it is found that the allegations against the appellant are serious in nature.
5. The objections filed by the respondent in present criminal appeal are necessarily to be considered and with reference to the statement of witnesses from the counter, reads as under;
LWs Name of witnesses sh/smt Gist of Evidence LW-1 Sh K.G.Sadasivam, AFFRO/D, Batch Bureau of immigration, Chennai Airport Meenambakkam, Chennai - 27.
He is the complaint againstA-1 a Sri Lankan National for obtaining Indian Passport in a fraudulent manner by suppressing information about her original nationality and he lodged complaint before the Inspector of Police, 'Q' Branch CID, Chennai on 01.102.2021 for legal action.
LW-2 Sh Rishi S.Nair Immigration Officer, Bureau of Immigration, Chennai Airport, Meenambakkam, Chennai - 600 016.
He speaks about intercepting A-1 a Sri Lankan National on the directions given by the AFFRO LW-9 Sh Ravi Kumar, Dy Passport Officer, Regional Passport Office, Chennai He speaks about the process of issuing of Indian Passport and verification done by the passport to the applicant namely Letchumanan Mary LW-16 Sh R.Vinod, Duty Officer, GO First, Chennai Domestic Airport, Meenambakkam, Chennai.
He speaks about furnishing of tickets booking details pertaining to passenger (i) Letchumanan Mary Franciska (ii) Gunaseelan and I S Kander Alterr Lalljee LW-17 Sh Annadurai, Asst, Electoral Registration Officer / Assistant Revenue Officer, No.22, Virugambakkam Assembly Constituency, Zone-10, Chennai.
He speaks about furnishing genuineness of Indian Voter ID bearing No.
RAZ2456734 & RAZ2676214 and further stated that the said voter ID not issued from the Virugambakkam Assembly Constituency.
LW-19 Smt. S.Sujatha, Sub-Registrar (Incharge), Sub-Registrar Office, She speaks about the adjudication of power of attorney held in the name of accused A-1
LWs Name of witnesses sh/smt Gist of Evidence Adayar, Chennai.
Letchumanan Mary Franciska on 19.10.2020 at the SRO Adyar, Chennai.
LW-20 (Protected Witness) He speaks about the adjudication of General power of Attorney done based on the influence of Retd. Judge Kannadasan and about handing over the General power of attorney to GPN Bharathy near M.S.
Medicals, Thiruvanmiyur.
LW-21 Sh Iskander A Lalljee, Age59/2021, S/o Altaf Housein Bhoy Lalljee, No. 1611/A, Beverly Park-Il, DLF City, Phase-II, Gurugaon, Haryana122002.
He speaks about the account held by him and his family at IOB Fort Branch Mumbai, He speaks about the fabrication of Aadhar Card and Pan card in his name and being alerted by the bank staff that someone was given power to operate the account.
LW-23 Sh Rajan Verma, Asst. Manager Indian Overseas Bank Fort Branch- 30/32, Tambarin House, Tambrine Lane Mumbai- 400001.
He speaks about handling over the details of the accounts held in the name of Hamida Lalljee and Mary Franciska and other details regarding the account.
LW-25 Sh Jagadish Narmada Shankar Pandiya. S/o.Narmad Shankar, Dosti Pearl, CHS Ltd., Flat No.
A3, behind Stella Petrol pump, Vasai West-401202.
He speaks about the bank manager informing him about the power of attorney and he passing on the information to Iskanther Lalljee and Arshia A Lalljee.
LW-26 Sh Jayasekhar Maharajan Nadar (Retd Manager HDFC Mumbai) S/o Maharajan, r/o 12, shirang Bldg, Plot No. 351, Chandavarkar Road, Matunga Mumbai- 400019.
He speaks about meeting with Al, A2 in Mumbai and Al & A2 asking how to operate certain accounts held in the bank he warns Akash that he feels that there was activity of something fraudulent in nature etc., LW-29 Sh Sandeep Chandrakan Wadekar s/o jchandrakant Babu Wadekar r/o 137, shri Gajanan Rahiwasi Seva Sangh, Behind Near Shivaji Nagar, Jai Bhavani Mata Marg Amboli Andheri West, Mumbai58.
He is the house owner where in Al made Lease/Rented agreement at Mumbai as well as friend of A2. He speaks about the agreement with Al and by renting out his house located at Mumbai etc., He identified Al and A2 through photo identification proceedings conducted on 13.02.2022.
LW-32 Smt Vijaya, Chief Regional Manager, Indian Overseas Bank, Regional Office No. 11/952, Cross Cur Road, Coimbatore.
She speaks about opening of SB account by accused Al in IOB Mumbai Fort Branch and her suspicion on accused Al & A2 and reporting to Vigilance department for taking
LWs Name of witnesses sh/smt Gist of Evidence preventive measures etc., LW-37 Sh D Suresh s/o Dhandpani, No.11, C Block, aiswarya Nivedha, Apartment, Seetha Patabi Nagar, Bharathi Street, Ayappakkam, Tiruvallur, Tamil Nadu- 600 077.
He is a driver of Pon Meena man at SRO Office Adyar and speak about attesting as a witness in the Power of Attorney which was adjudicated at the SRO Adyar by accused Al who came along with A2.
LW-42 (Protected Witness) He speaks about the acquaintance with the Umakanthan while he was working in the restaurant owned by Umakanthan in Denmark. Further he speaks about the facilitation extended to accused Al as per the instruction of Umakanthan and the purpose of arrival by accused A1 in India.
LW-47 Sh M.B. Prabhusudha @ Prabhu, S/o.Bichal, No.08, Aashirvadpuram, 2nd Street, Pulianthope.
He speaks about the involvement of accused A4 and warning A4 not to involve with accused Al since she came from Sri Lanka and suspected to be linked with LTTE.
LW-48 Smt B Banu Borah w/o Borah (Late), No.04, Kumaran Selva Apartment, Ground Floor, Venkateswara, 2nd Main Road, Velacherry, Tamil Nadu.
She speaks about suspecting that accused Al is a Sri Lankan and that she is a LTTE operative and informing accused A5 Chellamuthu about it.
LW-49 Sh D.Chandrasekaran, M-45, S/o.
Durai, Mariyamman Koil Street, Parvathyapuram Village, Gooda Nagram Post, Gudiyattam Taluk, Vellore District.
He speaks about accused Al & A2 visiting his native place and enquired whether the amount held in the IOB Mumbai branch will be withdrawn of not. Further he speaks that accused Al enquired whether LTTE leaders are alive and if LTTE will revive and if they will get the Tamil country back.
6. The learned Special Public Prosecutor would submit that the chargesheet filed and trial commenced. Under these circumstances, in the event of releasing the appellant on bail there is likelihood of causing
prejudice to the trial and therefore, we request the learned Special Judge to expedite the trial as expeditiously as possible.
7. With these observations, the Criminal Appeal Stands dismissed. [S.M.S., J.] [V.S.G., J.] 02.09.2024 Jeni Index : Yes Speaking order / Non-speaking order To 1.The District and Sessions Judge, Special Court under the National Investigation Agency Act, 2008, Sessions Court for Exclusive Trial of Bomb Blast/POTA Cases, Poonamallee, Chennai.
2.The Inspector of Police, Union of India, National Investigation Agency, Chennai Branch.
3.The Superintendent of Prisons, Central Prison-III, Puzhal, Chennai.
4.The Special Public Prosecutor, High Court of Madras, Chennai - 600 104.
S.M.SUBRAMANIAM, J.
and V.SIVAGNANAM, J.
Jeni 02.09.2024