M.Senthilkumar vs Central Bureau Of Investigation

M. Nirmal Kumar, J

This criminal original petition has been filed to modify the conditions imposed in the summons issued by the learned XI Additional Special Judge for CBI Cases at Chennai in Calendar Case No.16 of 2025 in R.C.No.15/A/2017 on the file of CBI/ACB/Chennai, dated 18.11.2025.

2.The petitioner/A7 in C.C.No.16 of 2025 was served with a summons, directing the petitioner to appear in person on 24.11.2025 before XI Additional Special Court for CBI Cases, Singaravelar Maaligai, Chennai – 01 at 10.30 a.m., without fail and the petitioner should execute a bond for Rs.20,000/- with two sureties each for like sum. (If sureties are blood relatives, identity proof is sufficient and others must produce Fixed Deposit Receipt for Rs.20,000/- each without fail and online Fixed Deposit will not be entertained and only original FDR (Offline) should be produced.)

3.The contention of the petitioner is that the petitioner is a daily wage earner and has no sufficient means to comply with the above said condition. The case projected against the petitioner is that the petitioner, in conspiracy with the then Manager of Canara Bank, availed loan for a sum of Rs.5,00,000/- with the aid of broker, who took away 50% of the loan amount i.e. Rs.2.5 lakhs and petitioner was given only Rs.2.5 lakh, which he defaulted. Hence, the case.

4.The learned counsel for the petitioner submitted that the petitioner has no blood relatives to stand as sureties and further condition to execute a bond for Rs.20,000/- is onerous one, hence, sought for modification. He further submitted that the petitioner is a citizen having permanent address and he co-operated with the investigation. In this case, F.I.R. registered in the year 2017 and the petitioner not absconded and made himself available. The petitioner will appear before the trial Court on all hearing dates without fail and he would not cause reason for any delay. His only prayer is that the bond of Rs.20,000/- is onerous and hence, bond amount to be modified.

5.The learned Special Public Prosecutor (for CBI Cases) submitted that the petitioner availed loan of Rs.5,00,000/- from public sector bank and thereafter, not repaid the bank. Later, it was found, based on forged document and false representation, loan availed. The petitioner, conspired with the bank manager and broker cheated the public money. His only requirement is to ensure that the petitioner appears before the trial Court regularly without fail and the petitioner would not be a reason for any delay or obstruct the trial proceedings.

6.In view of the above background, the condition imposed on the petitioner in the summons is modified as hereunder:

“The petitioner shall execute a bond for a sum of Rs.5,000/-with two sureties each for a like sum.”

7.Accordingly, the Criminal Original Petition is disposed of.