Madras High Court
Dhileepan vs The State on 16 September, 2025
Author: T.V. Thamilselvi
Bench: T.V. Thamilselvi
CRL R.C. No. 1155 of 2025
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
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CRL R.C. No. 1155 of 2025
Advocate (Crl.Side).
JUDGMENT
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
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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
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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
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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 co-
operate with the trial proceedings without any deviation.
16.09.2025
ay
Index: Yes/No
Neutral Citation : 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
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ay
16.09.2025
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