Madras High Court
C.Sivasankaran vs State By on 20 November, 2025
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
CRL OP No. 26696 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-11-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
CRL.O.P.No. 26696 of 2025
C.Sivasankaran
S/o.Late Mr. R. Vallal RCK,
Room No.901 Leela Palace,
MRC Nagar, RA Puram,
Chennai-600 028.
Petitioner/A12
Vs
State By,
The Inspector of Police,
CBI, BS and FC, Bangalore.
Respondent(s)
Prayer: The Criminal Original Petition filed under Section 528 of BNSS,
2023, praying to call for the records relating to the proceedings in
Crl.M.P.No.3376 of 2025 in C.C.No.554 of 2023 dated 19.08.2025 on the
file of the learned Additional Chief Metropolitan Magistrate, Egmore,
Chennai, set aside the said order and allow the petitioner’s application for
permission to travel to Seychelles for the limited purpose of renewal of his
biometric passport.
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CRL OP No. 26696 of 2025
For Petitioner(s): Mr.R.Rajarathinam, Senior Counsel
for Mr.S.Ravi
for M/s.Srilaw Associates
For Respondent(s): Mr.K.Srinivasan
Special Public Prosecutor for
CBI Cases
ORDER
This Court, on 06.10.2025, had passed the following order:
“The learned Senior Counsel for the petitioner submitted that the petitioner filed a petition before the trial Court seeking to remove LOC and permit the petitioner to travel abroad to continue with his business activities and for other commitments and the same was dismissed by the trial Court. Earlier, the petitioner filed W.P.No.27856 of 2024 before this Court and this Court, by the order dated 21.12.2024 had granted permission to the petitioner to travel abroad on certain conditions. In paragraph 18, conditions from (a) to
(k) laid. According to condition No.(d), the petitioner was not permitted to visit Seychelles, since India do not have an extradition treaty. The petitioner is a Seychelles national. The further condition is that petitioner's request to travel to Seychelles may be considered later by the trial Court after observing how the petitioner generally abides by the terms of conditions made and after hearing the prosecution and the Foreigner Regional Registration Officer/first respondent therein was directed to monitor the same. In condition No.(j) it is observed that once the conditions are complied for the first time, for future travels to abroad, the petitioner is required to intimate 2/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 the trial Court and the investigating agency, but subject to the compliance of the conditions therein stated on each of the occasions.
In condition No.(k), it is observed that the trial Court can modify the conditions after closely observing how the conditions therein work and how well the petitioner comply with the conditions, but after hearing the prosecution.
2. Thereafter, the petitioner filed W.M.P.No.22920 of 2025 seeking clarification, in Para No.18(j) of the order dated 21.12.2024. This Court, by the order dated 11.06.2025, clarified with regard to the conditions laid and relaxation of condition in 18(j), compliance of conditions 18(b) and (c) recorded. Thereafter the petitioner traveled to Singapore for a period of one week during January, 2025, thereafter to London during June, 2025. The petitioner travelled to London specifically to change his handwritten passport to bio-metric passport, since in some of the countries, biometric passport is necessary. Earlier the petitioner during March, 2025 attempted to travel to Dubai, and he was not permitted to board the flight for the reason he is holding handwritten passport, alternatively he travelled to London to change his passport to bio-metric.
3. The learned Senior Counsel further submitted that the petitioner addressed a letter dated 25.08.2025 to the High Commission of the Republic of Seychelles, New Delhi about the difficulties he faced and sought permission to convert handwritten passport into bio-metric passport. The High Commission of Seychelles replied to the petitioner on 12.09.2025 informing that the Seychelles High Commission in New Delhi, does not have the 3/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 facilities to issue Seychelles Passport. Further to obtain a new passport, service offered is in four countries, namely, Seychelles, Paris, London and Abu Dhabi, but physical presence of the person is required. In view of such condition, the petitioner may be permitted to travel to Seychelles, since it is economically viable for the petitioner to convert his passport to bio-metric passport, which can be done within a week or two. With regard to Paris and London, he was informed that it will take minimum of five to six weeks and for Abu Dhabi, he cannot travel.
4.He further submitted that earlier the petitioner executed bond and property worth about Rs.50 Crores deposited as security before the trial Court. He further submitted that now the petitioner almost reached an understanding with the IDBI Bank for one time settlement. In all probability it might get through. This shows that petitioner's inclination is only to settle the issue and not to run away from his liability and responsibilities. He further submitted that if required, a CBI official can accompany the petitioner during his stay at Seychelles and the petitioner will bear the expenses.
5.The learned Special Public Prosecutor strongly opposed the petitioner's contention and also filed his counter submitting that the passport of the petitioner can be renewed in London, which may take a period of three weeks for receipt of the passport by courier service after submission of biometric information. The petitioner is willfully not exercising this option, citing financial constraints and high cost of staying overseas. These cannot be reasonable grounds, since the petitioner is travelling abroad frequently and had earlier filed 4/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 petition before this Court seeking permission to travel abroad for five working days every month. Moreover, the petitioner is not required to stay in London for entire three weeks as per his submissions itself. It is just that after submission of the biometric information, the process of sending such information from London to Seychelles and subsequent receipt of the digital Passport from Seychelles to London may take three weeks. Hence, the petitioner just needs to submit his biometric information in London and not required to stay there for entire three weeks. After completion of the process, he can return and again travel to London for receipt of such passport, or may request the bio-metric passport directly sent to India.
6.The learned Special Public Prosecutor further submitted that the petitioner's own submission is that based on the official website of Seychelles High Commission the passport renewal can be done in London. The petitioner not put on record any material to support his averments mentioned in the affidavit. Moreover the averments itself are in contradiction to the petitioner's previous averments that there is provision for renewal of Passport even without visiting Seychelles. Moreover, as mentioned therein, there are alternatives to travel to London, Paris or Abu Dhabi for renewal of the Passport. It is pertinent to mention that India has an Extradition Treaty with these countries. The petitioner, without exercising the available options, is desperately trying to make his case to travel to Seychelles, with which India does not have any Extradition Treaty. This raises serious apprehension about the conduct of the petitioner, especially since the petitioner is a citizen of Seychelles, charge-sheet already filed against 5/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 the petitioner, wherein he is a key accused in the case and beneficiary of defrauded funds.
7.He further submitted that the only objection is that in Seychelles India do not have Extradition Treaty. The petitioner as citizen of Seychelles if for any reason fails to return back to India, then the extradition of the petitioner will be difficult and time consuming and the progress of the investigation and trial will get obstructed and the entire process would get stalled. However, no prejudice will be caused to the petitioner in availing other alternatives provided by the Seychelles authorities for renewal of the Passport.
8.He further submitted that on the learned Senior counsel submission that the petitioner almost come to a settlement with Bank, is without any iota of materials to show that there is any settlement is in progress. Further the respondent's intention is not to object or obstruct the travel of the petitioner. The only requirement is that petitioner's presence to be ensured before the trial Court and for the further investigation, if required. He further submitted that with regard to other countries other than Seychelles, namely, Paris, London and Abi Dhabi, there is extradition treaty. Hence, the petitioner if travels to any of these three countries, there may not be serious objection.
9.The learned Senior Counsel for the petitioner submits that he would produce the documents to show on going negotiation with the bank, and further to produce family member surety, status to satisfy that the petitioner's intention is to come back and not evade justice.
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10.Post on 16.10.2025.”
2. In continuation and conjunction to the earlier order passed by this Court on 06.10.2025, today, the learned Senior Counsel for the petitioner filed an affidavit of the petitioner along with the (i) copy of the Demand Draft dated 10.09.2022 for a sum of Rs.3.6 Crores, (ii) copy of RTGS receipt dated 13.06.2024 towards payment of Rs.6.4 Crores, (iii) copy of mail communication dated 04.04.2025 from IDBI Bank, (iv) copy of mail communication dated 11.04.2025 towards payment of Rs.2 Crores vide RTGS and (v) copy of the letter dated 23.07.2025 addressed to the General Manager, NPA Management Group, IDBI Bank Limited, Saidapet, Chennai confirming that Rs.12 Crores has already been paid to IDBI Bank and balance of Rs.108 Crores to be paid shortly upon receipt of approval of OTS proposal from IDBI’s credit committee. He has also filed an undertaking affidavit of Mrs.P.Varsha Pothy, W/o.S.Saravanan and Daughter-in-Law of the petitioner affirming that she stand as a surety only for limited and specific purpose of enabling the petitioner’s travel to Seychelles and ensure his return to India.
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3.The learned Senior Counsel further submitted that his daughter-in-
law’s father Mr.S.Pothiraj is one of the well known business persons, who is running a reputed Textile showroom in various places. She will not cast off her own reputation or that of her father and will face the consequential action in case of any default committed by the petitioner. Hence, the affidavit and surety of petitioner’s daughter-in-law can be accepted.
4.The learned Special Public Prosecutor filed two counters dated 30.09.2025 and 17.11.2025. Referring to the same submitted that the petitioner’s renewal of handwritten passport to biometric passport can be done in London, Paris and Abu Dhabi apart from Seychelles. The petitioner is not required to stay in London for entire three weeks as per his submissions. The petitioner has to submit his biometric information in London and after completion of the process, he can return and again travel to London for receipt of such passport or make arrangement for the passport to be directly sent to his address in India, further in these countries there is an extradition treaty.
5.He further submitted that the allegation is that Credit facilities of 8/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 Euros 52 million was sanctioned and disbursed to M/s.WinWind Oy during 2010-2011 and the said account became NPA to the extent of Rs.393 crores in 2013. The senior management of IDBI Bank Ltd. in criminal conspiracy with private persons and in violation of extant guidelines, instructions and procedures of RBI, extended a further loan of Rs.530 Crores (USD 83 mn) to M/s.Axcel Sunshine Limited, another entity of the same group of companies during 2014 and adjusted the NPA and other overdue accounts of the group companies, thereby causing a wrongful loss of more than Rs.600 Crores to IDBI Bank. Further submitted that the outstanding balance in the loan account of Axcel Sunshine Limited as on 31.03.2025 is USD 152.11 Million (equivalent to INR 13,504,173,690.00) and OTS proposal mentioned by the petitioner is not even 10% of it. Moreover, OTS proposal has no bearing on the criminal charges against the petitioner. Hence, the petitioner may not be allowed to travel to Seychelles with which India does not have an extradition treaty, especially when the petitioner is a citizen of Seychelles itself. The petitioner has not provided any valid grounds to travel to Seychelles without utilising the alternative means. Hence, opposed the petitioner’s above contention.
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6.The learned Senior Counsel for petitioner refuted the submission of the learned Special Public Prosecutor referring to the letter dated 12.09.2025 issued by the Passport and Citizenship Officer, Republic of Seychelles, wherein the details of countries offering services of bio-metric passport given. He further submitted that the petitioner informed that in Paris and London it takes more than four weeks for renewal and at that time he has to submit his original passport and cannot travel any other country. Hence, the submission of CBI that the petitioner can come back and return to London is not possible. With regard to Abu Dhabi, again he is not permitted to travel, since they need bio-metric passport. The objections of the petitioner already recorded in the previous hearing. He further submitted that if the petitioner had an intention to flee from justice, during his earlier travel to foreign countries he could have done so and the apprehension that petitioner might stay back in Seychelles and will not come back, is unfounded. The petitioner has been visiting foreign countries and from there it is not difficult for him to fly to Seychelles as apprehended by the respondent/CBI. The petitioner has shown his bonafide by visiting foreign countries and returning back. He is an Indian origin having deep social root and committed for one time settlement.
He is also an entrepreneur, who is into various field of business and till today 10/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 he is involved in businesses. His requirement is only to a limited period of 10 days to visit Seychelles, get his passport converted from handwritten to bio-
metric and to return back.
7.Considering the submissions made on either side, this Court set asides the order passed by the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.3376 of 2025 in C.C.No.554 of 2023 dated 19.08.2025 and permits the petitioner to travel to Republic of Seychelles for a period of ten (10) days alone with the following conditions:
(i) The petitioner shall file a memo giving details of his travel itinerary, viz., likely date of departure from India and arrival to India along with copy of Air Ticket before the trial Court and a copy to be submitted to the respondent-investigating agency, who issued LOC;
(ii) The petitioner’s daughter-in-law Mrs.P.Varsha Pothy as a surety to execute a bond for a sum of Rs.10 lakhs;
(iii) Petitioner to show his bonafide, Ms.Nityavathy Venkatesan, Managing Director of M/s.Axcel Sunshine Limited (A1) to further deposit a sum of Rs.10 Crores to the IDBI Bank for 11/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 the loan account of M/s.Axcel Sunshine Limited;
(iv) The petitioner to furnish the communication details in Republic of Seychelles, viz., place of stay, contact number and E-mail address;
(v) The petitioner shall file an undertaking affidavit that he will not be a reason for stalling of progress of the trial and he will appear before the trial Court as and when directed;
(vi) The Look Out Circular issued by the CBI against the petitioner shall stand suspended during the period when the petitioner leaves India in the manner as stated above and till he returns back to India.
(vii) The petitioner on his arrival to India, shall intimate the same before the trial Court.
8.With the above directions, the Criminal Original Petition is allowed.
20-11-2025 Index:Yes/No 12/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm ) CRL OP No. 26696 of 2025 Internet : Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No rsi Note: Issue order copy on 21.11.2025.
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1.The Additional Chief Metropolitan Magistrate, Egmore, Chennai.
2.The Inspector of Police, CBI, BS and FC, Bangalore.
3.The Public Prosecutor, High Court, Madras.
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rsi CRL OP No. 26696 of 2025 20-11-2025 15/15 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 04:33:12 pm )