Bail cancell case mhc
MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION
(Under Section 528 r/w 483(3) of B.N.S.S)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
cri M.P No. 17072 of 2025 in
Crl O.P No. 27807 of 20225
Dr. G. Rajasekhar – Male — age 57 yrs,
S/o. Mr. P.V.Gopalakrishnan,
No. 230, VRS salai,
Juhu Beach 3rd Street,
Uthandi,
Chennai — 600 119.
Petitioner/De facto Complainant
-vs-
1. S.Saravanakumar @ Vel-Male — age 42 years,
S/o. Mr. Suburayulu,
No.4/5, Valluvar Bay,
Sunrise Avenue, Kabaleeswarar Nagar,
Neelankarai,
Chennai-600041 … 1st Respondents/æd Accused
2. State represented by
Inspector of Police
Central Crime Branch, Tambaram City Police,
Chennai.
(Crime No.183 of 2022) 2nd Respondent/ Respondent
AFFIDAVIT OF Dr.RAJASEKHAR
I, G. Rajasekhar, S/o. Mr. P.V.Gopalakrishnan, Hindu, aged about 57 years, residing at No. 230, VRS Salai, Juhu Beach 3rd Street, Uthandi, Chennai — 600 119, do hereby solemnly affirm and sincerely state as follows.
1. I respectfully submits that I am the petitioner herein and Defacto Complainant in the present case and as such I am well acquainted with the facts and circumstances of the case.
2. I respectfully submits that I am a doctor, specialist in rheumat010U and was an Ex Senior-Consultant at Sri Ramachandra Institute of Higher Education & Research and at
Apollo Hospitals, presently practicing at Arthritis & Rheumatism Care Center, Ashok Nagar and through my work I have earned very good name and reputation in the society.
3. I respectfully submit that the accused A-I and A-2, daughter and mother, were my patients and I have known them for about 8 years. Through this acquaintance, I came to know the 3rd accused, fiancé ofA-I. During December 2020, the accused persons approached me with a proposal to invest in the stock market, claiming they had high-level contacts in the stock exchange and could predict market trends to secure very high returns.
4. I respectfully submits that though I was initially reluctant, their repeated persuasion made me agree, and at their insistence, I opened an account at HDFC Bank, Akkarai Branch, Neelankarai, despite my preference for Ashok Nagar Branch. Believing their representations in good faith, on 08.12.2020 1 invested Rss. 25,00,000/-. Later, I was induced to open a Demat account, after which the accused demanded 30% of the profit as commission, insisting it be paid only in cash,
5, I respectfully submits that the accused persons frequently made me visit the bank, affecting my medical practice, When I expressed my difficulty, they requested my bank details on the pretext of
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helping with transactions, assuring me I would still control the OTP. Trusting them, I shared my details. Subsequently, they claimed to reinvest profits for higher returns and lured me into investing a further sum of Rs. 1,74,00,000/-, all through bank transactions. They regularly updated me with messages about profits and collected a commission of Rs. 30,95,809/-.
6. I respectfully submits that However, against their assurances, the accused transferred only Rs. 41,95,055/- to me, repeatedly claiming the rest was reinvested. On verifying my bank account statement, I was shocked to find that the accused had, in execution of their fraudulent plan, changed my registered mobile number in the bank records, replaced it with their own, and siphoned off the entire balance to unknown third parties, thereby unlawfully misappropriating my money.
7. I respectfully submits that the accused persons from the inception with a dishonest intention to cheat me and attain huge sum of money as illegal and unlawful gain have plotted a plan and has executed the same.
8. I respectfully submits that being miserably cheated at the hands of the accused persons and having no other alternative remedy I have preferred a complaint against the accused persons and the respondent police was pleased to register a case in Cr. No. 183 of 2022 for the offences under section 406, 420 & 120 B of I,P.C and the same is under investigation.
9. I respectfully submits that Al and A2 filed anticipatory bail Petion before this Hon’ble Court in No,7978 of 2023 and the same was dismissed on 27.04,23 subsequently both were apprehended and remained in judicial custody for 55 days before being enlarged on bail.
10. I respectfully submits that after the said crime registered, the 1st Respondent/3rd accused absconded to Dubai, and consequently, a Look Out Circular (LOC) was issued against him. initially he has filed a petition in Crl.O.P. No.19647 of 2023 before this Honble Court seeking anticipatory bail as if he is in Chennai and the same was brought to the knowledge ofthis Hon’ble Court then the counsel seeks permission to withdraw of the petition hence the same was dismissed as withdrawn on 22.09.2023.
11. I respectfully submits that the 1st Respondent/3rd accused again filed a petition in Crl.O.P. No.27807 of 2024, for anticipatory bail suppressing the earlier dismissal, wherein this Hon’ble Court, by order dated 12.12.2024, was inclined to grant interim anticipatory bail to the 1st Respondent/æd accused on the following grounds:
“7.Accordingly, the petitioner is directed to deposit a sum ofRs.50,oo,ooo/- (Rupees fifty lakhs only) into the credit of Crime No.183 of 2022 before the concerned Magistrate within a period oftwo weeks from the date ofsurrender, since he is in abroad and on such deposit, the defacto complainant is permitted to withdraw the amount on filing undertaking afidavit and on production ofproper identification and acknowledgement. Accordingly, the petitioner is ordered to be released on interim bail in the event of arrest or on his appearance, within a period offlieen days from the date on which the order copy made ready, before the Judicial Magistrate Court-Il, Alandur, Chennai, on condition that the petitioner shall also execute a bond for a sum of (Rupees Ten Thousand only) with two sureties each, in which, one surety shall be blood relative of the petitioner, for a like sum to the satisfaction of the respondent Police or the police oJicer who intends to arrest or to the sati$action of the learned Magistrate concerned, failing which, the petition for interim anticipatory bail shall stand dismissed and on further condition that:
[al the petitioner and the sureties shall qmx their photographs and Lqß Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity
[bl the petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m. for a period ofthree months andfor the said period of three months, he is directed to surrender passport before the trial court. To comply this order, the L.O.C. is ordered to be suspended.
TCI the petitioner shall not tamper with evidence or witness either during investigation or trial.
[dl the petitioner shall not abscond either during investigation or trial.
Tel On breach ofany ofthe qroresaid conditions, the learned Magistrate/TriaI Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Court himself as laid
down by the Hon ‘ble Supreme Court in P.K.Shaji vs. State ofKerala [(2005) [D If the accused thereqßer absconds, a fresh FIR can be registered under Section 229A IPC. ”
12. I respectfully submits that then the said case is posted on
23.01.2025 for reporting compliance but again the 1st Respondent/3rd accused seeks two weeks time to comply the above said order and this Hon’ble court grants two weeks time to comply the order.
13. I respectfully submits that without complying the said order, the 1st Respondent/3rd accused moved a petition in Crl.M.P. No:2056 of 2025 in Crl.O.P.No: 27807 of 2024 for extension of time and this Hon’ble court passed the following order dated 07.02.25
“Considering the facts and circumstances of the case, submissions made on both sides, this petition is ordered and time is extended by two weeks from the date of receipt of copy of this order, to comply with the conditions imposed on the petitioner, as per the order of this Court in Crl.O.P. No.27807 of2024 dated 12.12.2024.”
14. I respectfully submits that despite repeated opportunities granted by this Hon’ble Court, the 1st Respondent/3rd accused has willfully disobeyed the conditions imposed and he has neither deposited the said sum, nor executed the bond, nor furnished sureties, nor reported to the police.
15. I respectfully submits that on I came to know during enquiry with the respondent police that the 1st Respondent/3rd accused has entered India from Dubai by misusing
the liberty granted by this Hon’ble Court’s order dated 12.12.2024, but without complying with any of the conditions and continues to remain at large in India without fulfilling the obligations imposed on him and his custodial interrogation is absolutely necessary for effective investigation in view of the siphoning of huge amounts of my money
16. It is respectfully submitted that the conduct of the 1st Respondent/3rd accused is a gross abuse ofthe discretionary relief of anticipatory bail granted by this Hon’ble Court. He has flouted the solemn directions of this Court, failed to deposit even a single rupee, failed to appear before the respondent police, and thereby demonstrated his utter disregard to the judicial process and as such the bail granted to the accused person may be cancelled.
It is therefore prayed that this Honble Court may be pleased to cancel the bail granted to the 1st Respondent/æd accused in Crl.O.P. No.27807 of 2024 dated 12.12.2024 and pass such further of other orders as this Hon’ble Court may deem fit considering the facts and circumstances of the case and thus render
justice.
Solemnly affirmed at Chennai on
the 8th day of September 2025 and signed his name in my presence. Before Me
Advocate :: Chennai
IN THE HIGH COURT OF JUDICATURE
AT MADRAS
(Criminal Jurisdiction)
cri M.PN0. IY0 ? 2 of 2025
in
Crl O.P No. 27807 of 2024
AFFIDAVIT OF Dr.G.RAJASEKHAR
M/s.’V.S.Senthil Kumar [1209 of 2000]
A.Kripakaran [2685 of 2010]
J.Gunasekaran [7460 of 2024]
9176 88 33 66
Counsel for Petitioner
