A.A.S.Haroon Rasheed v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.A.S.Haroon Rasheed S/o. A.A.Shahul Hameed, No.47/13, Nethaji Third Street, Tondiarpet, Chennai - 600 081.

... Petitioner Vs.

The Deputy Director, Directorate of Enforcement, Government of India, Department of Revenue, Nos.83 & 84 Greams Road, Chennai - 600 006.

... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner/second accused on bail pending trial in C.C.No. 2 of 2018 on the file of the XII Additional Sessions Judge and designed special Court for prevention of Money Laundering Cases, Chennai.

For Petitioner : Mr.R.Alvin Manoj Raj For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

The petitioner who was arrested and remanded to judicial custody on 21.03.2018 for the offences under Sections 3 and 4 of the Prevention of Money Laundering Act 2002 (PMLA 2002) in C.C.No.2 of 2018 on the file of the learned XII Additional Sessions Judge and Designated Special Court for PMLA Cases, Chennai, seeks bail. However, it is seen that the FIR relating to Economic Offences Wing-I of the Central Bureau of Investigation, New Delhi, to taken cognizance, was registered under section 120(b) and 420 IPC r/w.13(2) and section 13(1)(d) of the Prevention and Corruption Act and section 3 and 4 and 8 (5) of PMLA Act.

2. The case of the prosecution is that a sum of Rs.5.41 crores has been transferred from four accounts of the petitioner to the account of the first accused. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He also submitted that the petitioner was arrested and remanded to judicial custody on 21.03.2018. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that earlier this Court had dismissed the Bail petition in Crl.O.P.No.13534 of 2019 dated 25.07.2019 and 25496 of 2019 dated 23.09.2019. He further submitted that there is no change in circumstances. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the fact that there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

24.07.2020 Index: Yes/No Internet: Yes/No dh

G.K.ILANTHIRAIYAN, J dh To

1. The XII Additional Sessions Judge and Designated Special Court for PMLA Cases, Chennai.

2. The Deputy Director, Directorate of Enforcement, Government of India, Department of Revenue, Nos.83 & 84 Greams Road, Chennai - 600 006.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.9722 of 2020 24.07.2020