Madras High Court
Letchumanan Mary Franciska vs Union Of India on 2 September, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, V.Sivagnanam
2024:MHC:3566
CRL.A.No.399 of 2024
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
CRL.A.No.399 of 2024
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)
Page 1 of 10
https://www.mhc.tn.gov.in/judis
CRL.A.No.399 of 2024
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
JUDGMENT
[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, Page 2 of 10 https://www.mhc.tn.gov.in/judis CRL.A.No.399 of 2024 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. The case was registered in the Page 3 of 10 https://www.mhc.tn.gov.in/judis CRL.A.No.399 of 2024 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. Date of Referred Hospital Referred Advice No. Referred Management Department Treatment 1 23.10.2021 Stanley Medical Neuro Medicine CT Brain taken Normal College Hospital Ortho Medicine finding Ortho X ray B/L Knee – AP/L N diagnosed as seizure disorder started on Anti -
Epileptics.
2 18.11.2021 Stanley Medical Ortho, Neuro Review and continue
College Hospital Antiepileptics
3 01.12.2021 Stanley Medical Psychiatiric Started on drugs for depression
College Hospital
4 04.12.2021 Stanley Medical Medicine Admission 4-12-21 – 9-12-21
College Hospital treated for SHT/ T2DM/ SZD
/HYPOTHYROID/Depression
Page 4 of 10
https://www.mhc.tn.gov.in/judis
CRL.A.No.399 of 2024
Sl. Date of Referred Hospital Referred Advice
No. Referred Management
Department Treatment
complete blood, X-ray chest
ECG, USG-Abdomen-Normal
study
5 18.12.2021 Stanley Medical Psychiatiric Review
College Hospital
6 19.01.2022 Stanley Medical Neurology Review
College Hospital
7 05.02.2022 RSRM OBS & GYNAE Menorrhagia USG Pelvis
Submucosal fibroid?
Endometrial growth suggested
MRI Pelvis
8 10.02.2022 SPW Puzhal Seen by IMH Psychiatrist
advised for admission
9 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
10 12.03.2022 RSRM OBS & GYNAE Plan for via/vili
11 19.03.2022 RSRM OBS & GYNAE VIA/VILI – negative
12 21.03.2022 RSRM OBS & GYNAE MRI-Pelvis, Diffuse Uterine
Adenomyosis
13 16.04.2022 RSRM OBS & GYNAE Review
14 29.04.2022 RSRM Psychiatrist Plan for fractional currettage
Under anaesthesis
15 07.05.2022 RSRM OBS & GYNAE Review advised for CBC,
Thyroid
16 14.05.2022 RSRM OBS & GYNAE Review, RFT, LFT, Cardio
opinion
17 17.05.2022 Stanley Cardiology ECG, ECHO done
18 18.05.2022 Stanley General medicine for blood investigation
Page 5 of 10
https://www.mhc.tn.gov.in/judis
CRL.A.No.399 of 2024
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, He is the complaint againstA-1 a Sri Lankan Batch Bureau of immigration, National for obtaining Indian Passport in a Chennai Airport fraudulent manner by suppressing Meenambakkam, Chennai – 27. 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 He speaks about intercepting A-1 a Sri Officer, Bureau of Immigration, Lankan National on the directions given by Chennai Airport, the AFFRO Meenambakkam, Chennai – 600 016. LW-9 Sh Ravi Kumar, Dy Passport He speaks about the process of issuing of Officer, Regional Passport Office, Indian Passport and verification done by the Chennai passport to the applicant namely Letchumanan Mary LW-16 Sh R.Vinod, Duty Officer, GO He speaks about furnishing of tickets booking First, Chennai Domestic Airport, details pertaining to passenger (i) Meenambakkam, Chennai. Letchumanan Mary Franciska (ii) Gunaseelan and I S Kander Alterr Lalljee LW-17 Sh Annadurai, Asst, Electoral He speaks about furnishing Registration Officer / Assistant genuineness of Indian Voter ID bearing No. Revenue Officer, No.22, RAZ2456734 & RAZ2676214 and further Virugambakkam Assembly stated that the said voter ID not issued from Constituency, Zone-10, Chennai. the Virugambakkam Assembly Constituency. LW-19 Smt. S.Sujatha, Sub-Registrar She speaks about the adjudication of power of (Incharge), Sub-Registrar Office, attorney held in the name of accused A-1 Page 6 of 10 https://www.mhc.tn.gov.in/judis CRL.A.No.399 of 2024 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, Age- He speaks about the account held by him and 59/2021, S/o Altaf Housein Bhoy his family at IOB Fort Lalljee, No. 1611/A, Beverly Branch Mumbai, He speaks about the Park-Il, DLF City, Phase-II, fabrication of Aadhar Card and Pan card in Gurugaon, Haryana- his name and being alerted by the bank staff 122002. that someone was given power to operate the account.
LW-23 Sh Rajan Verma, Asst. Manager He speaks about handling over the details of Indian Overseas Bank Fort the accounts held in the name of Hamida Branch- 30/32, Tambarin House, Lalljee and Mary Franciska and other details Tambrine Lane Mumbai- 400001. regarding the account. LW-25 Sh Jagadish Narmada Shankar He speaks about the bank manager informing Pandiya. S/o.Narmad Shankar, him about the power of attorney and he Dosti Pearl, CHS Ltd., Flat No. passing on the information to Iskanther A3, behind Stella Petrol pump, Lalljee and Arshia A Lalljee. Vasai West-401202.
LW-26 Sh Jayasekhar Maharajan Nadar He speaks about meeting with Al, A2 in (Retd Manager HDFC Mumbai) Mumbai and Al & A2 asking how to operate S/o Maharajan, r/o 12, shirang certain accounts held in the bank he warns Bldg, Plot No. 351, Chandavarkar Akash that he feels that there was activity of Road, Matunga Mumbai- 400019. something fraudulent in nature etc., LW-29 Sh Sandeep Chandrakan Wadekar He is the house owner where in Al made s/o jchandrakant Babu Wadekar Lease/Rented agreement at Mumbai as well r/o 137, shri Gajanan Rahiwasi as friend of A2. He speaks about the Seva Sangh, Behind Near Shivaji agreement with Al and by renting out his Nagar, Jai Bhavani Mata Marg house located at Mumbai etc., He identified Amboli Andheri West, Mumbai- Al and A2 through photo identification
58. proceedings conducted on 13.02.2022.
LW-32 Smt Vijaya, Chief Regional She speaks about opening of SB account by Manager, Indian Overseas Bank, accused Al in IOB Mumbai Fort Branch and Regional Office No. 11/952, her suspicion on accused Al & A2 and Cross Cur Road, Coimbatore. reporting to Vigilance department for taking Page 7 of 10 https://www.mhc.tn.gov.in/judis CRL.A.No.399 of 2024 LWs Name of witnesses sh/smt Gist of Evidence preventive measures etc., LW-37 Sh D Suresh s/o Dhandpani, He is a driver of Pon Meena man at SRO No.11, C Block, aiswarya Office Adyar and speak about attesting as a Nivedha, Apartment, Seetha witness in the Power of Attorney which was Patabi Nagar, Bharathi Street, adjudicated at the SRO Adyar by accused Al Ayappakkam, Tiruvallur, Tamil who came along with A2. Nadu- 600 077.
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, He speaks about the involvement of accused S/o.Bichal, No.08, A4 and warning A4 not to involve with Aashirvadpuram, 2nd Street, accused Al since she came from Sri Lanka Pulianthope. and suspected to be linked with LTTE. LW-48 Smt B Banu Borah w/o Borah She speaks about suspecting that accused Al (Late), No.04, Kumaran Selva is a Sri Lankan and that she is a LTTE Apartment, Ground Floor, operative and informing accused A5 nd Venkateswara, 2 Main Road, Chellamuthu about it. Velacherry, Tamil Nadu.
LW-49 Sh D.Chandrasekaran, M-45, S/o. He speaks about accused Al & A2 visiting his Durai, Mariyamman Koil Street, native place and enquired whether the amount Parvathyapuram Village, Gooda held in the IOB Mumbai branch will be Nagram Post, Gudiyattam Taluk, withdrawn of not. Further he speaks that Vellore District. 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 Page 8 of 10 https://www.mhc.tn.gov.in/judis CRL.A.No.399 of 2024 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
Neutral Citation : Yes
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.
Page 9 of 10https://www.mhc.tn.gov.in/judis CRL.A.No.399 of 2024 S.M.SUBRAMANIAM, J.
and V.SIVAGNANAM, J.
Jeni CRL.A.No.399 of 2024 02.09.2024 Page 10 of 10 https://www.mhc.tn.gov.in/judis