Dhileepan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.09.2025

CORAM:

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI Crl. R.C. No. 1155 of 2025 Dhileepan, M/40 years, S/o.Narayanan, Flat No.315, Lancor Infinys, Medavakkam Main Road, Keelkattalai, Chennai - 600 117.

...Petitioner

Versus

The State, Rep., by Inspector of Police, Central Crime Branch, EDF-I, Beta-II, Vepery, Chennai - 7.

... Respondent PRAYER: Criminal Revision Case filed under Section 438 read with Section 442 of BNSS, 2023 against the order passed by the learned Metropolitan Magistrate for Exclusive trial of CCB (Relating to cheating cases in Chennai) and CBCID (Metro) Cases, Egmore, Chennai - 08 dated 15.05.2025 in Crl. M.P. No. 5896 of 2025 in C.C.No.7222 of 2019. For Petitioner : Mr. M. Vijaya Kumar.

For Respondent : Dr. C.E. Pratap, Government 1/6

Advocate (Crl.Side).

J U D G M E N T

This Criminal Revision has been filed to set aside the order passed in Crl. M.P. No. 5896 of 2025 in C.C.No.7222 of 2019 dated 26.03.2025 on the file of the learned Metropolitan Magistrate for Exclusive trial of CCB (Relating to cheating cases in Chennai) and CBCID (Metro) Cases, Egmore, Chennai - 08.

2.The learned counsel for the petitioner submits that the petitioner was ranked as A10 in C.C.No.7222 of 2019 pending on the file of the learned Metropolitan Magistrate for Exclusive trial of CCB (Relating to cheating cases in Chennai) and CBCID (Metro) Cases, Egmore, Chennai - 08 and he has filed this application praying for return of passport which was surrendered by him as one of the conditions for his release on bail. The learned counsel for the petitioner submits that the petitioner is working as a Project Engineer in Wartsila, Finland and his nature of work requires him to frequently travel to various parts of the world and in order to continue his employment, he is in need of going to abroad. It is further submitted that the family of the petitioner are residing in 2/6

Chennai and the petitioner is ready to abide with any condition and assure that he will not protract the proceedings and attend the hearing on all dates without fail and has also filed an affidavit of undertaking to that effect. Thus the learned counsel for the petitioner sought for returning his passport bearing Registration No.Z3627753 pending in C.C.No.7222 of 2019.

3.The learned Government Advocate (Criminal side,) on the other hand, submitted that he was secured in NBW and was later released on bail and if passport is handed over to him, he would abscond and there is a possibility of fleeing abroad due to which the trial proceedings will be affected. Therefore, he raised strong objections for release of passport to the petitioner.

4.Heard the parties and perused the materials available on record. 5.It is seen from the records that the petitioner had conspired with the other accused and cheated a sum of Rs.64,75,517/- and out of the 15 3/6

accused, he is ranked as A10 and he was granted on bail with the condition to surrender his passport. However, the specific overtact against the petitioner is that Rs.3,07,000/- was received by him from the other accused out of the total cheated amount of Rs.64,75,517/- and as on date, it is submitted that around Rs.3,00,000/- was recovered from the petitioner during the investigation as per the prosecution. It is submitted that in order to continue his employment in abroad, he was in need of passport and he is ready to abide by any conditions and submitted an undertaking affidavit to that effect. Since he has no bad antecedents and considering his qualifications and employment in abroad and his family are residing in Chennai, this Court is inclined to direct the trial Court to return the passport.

6.Accordingly, this petition is allowed and the trial Court is directed to return the passport of the petitioner bearing Registration No.Z3627753 to the petitioner in C.C.No.7222 of 2019 pending on the file of the learned Metropolitan Magistrate for Exclusive trial of CCB (Relating to cheating cases in Chennai) and CBCID (Metro) Cases, Egmore, Chennai - 08 within a period of two weeks from the date of 4/6

receipt of a copy of this order. The affidavit of undertaking filed by the petitioner shall form a part of the order. The petitioner is directed to cooperate with the trial proceedings without any deviation. 16.09.2025 ay Index: Yes/No Speaking Order / Non-speaking order To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, Central Crime Branch, EDF-I, Beta-II, Vepery, Chennai - 7.

3.The Metropolitan Magistrate for Exclusive trial of CCB (Relating to cheating cases in Chennai) and CBCID (Metro) Cases, Egmore, Chennai - 08.

T.V. THAMILSELVI, J 5/6

ay Crl. R.C. No. 1155 of 2025 16.09.2025 6/6