Crl.O.P.No.33064 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-12-2025 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.33064 of 2025 Rajguru Jewellers Proprietor Mr. Shrainik Kumar Jain, S/o Vanechand Jain, Having Business at No.:2nd Floor, New No.5,7, Old No.3,4, Shop No.17, Amoluck Complex, Tulsingam Street, Periyanaicken Street, Sowcarpet, Chennai – 600 079. ... Petitioner/ Defacto complainant Vs 1. Vikas Jangid 2. Nikhil Jangid ... Respondents 1 & 2/ Accused 3. State rep. by, The Inspector of Police, Central Crime Branch, Vepery, Chennai-7. (Crime No.369 of 2025) ... 3rd Respondent/ Complainant PRAYER: This criminal original petition has been filed under Section 483(3) of BNSS to cancel the bail granted to the first and second respondents herein in C.R.M.P.No.10198 of 2025 dated 11.11.2025 by the learned Principal Sessions Judge, Chennai. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33064 of 2025 For Petitioner(s) : Mr. Sanjay J Rajpurohit For R3 : M/s. J.R. Archana Government Advocate (Crl.Side) ****** ORDER This criminal original petition has been filed by the defacto complainant/ petitioner, to cancel the bail granted to the first and second respondents herein in C.R.M.P.No.10198 of 2025 dated 11.11.2025 by the learned Principal Sessions Judge, Chennai. 2. The learned counsel appearing for the petitioner/ defacto complainant submitted that the first and second respondents herein/ accused by suppressing the material facts with regard to quantity of silver articles cheated by them before the Sessions Court in Crl.M.P.No.10198 of 2025 and obtained bail, vide order dated 11.11.2025; that originally the accused had swindled approximately 800 kilograms of silver articles and bars worth about Rs.13,00,00,000/-, however at the time of seeking bail before the Sessions Court, the case is projected as if that only 32 kilograms of silver articles alone were swindled; that thereby the accused/ respondents 1 and 2, by suppressing the real material facts, obtained bail from the Sessions Court, hence prays to 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33064 of 2025 cancel the bail granted to the first and second respondents herein. 3. Heard the learned Government Advocate (Crl. Side) appearing for the third respondent. 4. On perusal of the bail order dated 11.11.2025 in Crl.M.P.No.10358 of 2025 passed by the learned Principal Sessions Judge, Chennai, it reveals that the learned Sessions Judge had very well considered the submission made by the learned counsel for the defacto complainant regarding the total quantity of silver articles cheated by the accused is around 800 kilograms, worth about Rs.13 Crores. Further, the learned Sessions Judge also considered the fact that multiple complaints received by the respondent police regarding the total quantity of silver articles swindled is about 330 kilograms, but the silver articles recovered from the accused is about 365 kilograms, which is 35 kilograms more and the Sessions Judge also held that the rival submissions regarding the genuineness of the invoices and delivery challons are matter of investigation and also by considering the period of incarceration undergone by the first and second respondent herein, granted bail. K. RAJASEKAR, J. stn 5. Considering the above facts, I am of the view that there is no 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33064 of 2025 suppression of any material fact before the Sessions Court at the time of obtaining the bail and the learned Principal Sessions Judge, Chennai also concious about the facts of the case, incarceration of the petitioners therein and further recorded that the substantial portion of silver articles were already been recovered while granting bail, hence this Court finds that the reason stated by the defacto complainant is not acceptable and there is no reason to cancel the bail granted to the accused/ first and second respondents herein. 6. Accordingly, this criminal original petition is dismissed. 03.12.2025 stn To 1. The Principal Sessions Judge, Chennai. 2. The Inspector of Police, Central Crime Branch, Vepery, Chennai-7. (Crime No.369 of 2025) 3. The Public Prosecutor, High Court of Madras. CRL OP NO.33064 of 2025 4/4 https://www.mhc.tn.gov.in/judis