George Fernandes Vs The Assistant Director — Money Laundering | Madras HC (2025)

George Fernandes Vs The Assistant Director — Money Laundering | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether George Fernandes, named Accused-1 in ECIR No.22 of 2011 (offences under Sections 3, 4 and 8(5), PMLA 2002; trial pending as C.C.No.59 of 2016), who had absconded for nearly seven years after a non-bailable warrant issued on 16.08.2017 and is now in custody, ought to be enlarged on bail on his plea of ill-health, notwithstanding the respondent's submission that he might again fail to appear for trial.

Ratio / Principle

On the bail question, the Court found force in the respondent-side counsel's submission that the case stood posted for examination of witnesses and that, in view of the petitioner's previous conduct (his prolonged failure to appear after the non-bailable warrant of 16.08.2017), the petitioner might again abscond and remain unavailable for trial if enlarged on bail; accordingly, despite his stated ill-health, the bail application was dismissed and the petitioner remains in custody.

Key takeaways

Ancillary operative direction: the respondent (Assistant Director, Directorate of Enforcement) was directed to take all endeavours to complete the trial within a period of two months, the Court noting that the crime was registered almost 24 years ago with no progress in the trial due to the petitioner's abscondence, the petitioner now being confined in prison.obiter¶19

Detailed headnote1 paragraphs

High Court of Judicature at Madras (Dr. Justice G. Jayachandran, 14.08.2025), Crl.O.P.No.19687 of 2025: bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by George Fernandes (M/A 56 Yrs), Accused-1 in ECIR No.22 of 2011 — offences under Sections 3, 4 and 8(5) of the Prevention of Money Laundering Act, 2002, triable as C.C.No.59 of 2016 on the file of the same Court — DISMISSED. The applicant, a named accused who had earlier failed to appear, was pursued under a Non-Bailable Warrant issued on 16.08.2017 and executed, as recorded, only on 31.10.2025, nearly seven years later; he sought bail citing ill-health. The respondent (Assistant Director, Directorate of Enforcement, represented by its Special Public Prosecutor (EO), referred to in the body as the learned Government Advocate (Crl. Side)) submitted that the case stood posted for examination of witnesses and that, in view of the petitioner's previous conduct, he might again abscond if released. Finding force in that submission, the Court refused bail and kept the applicant in custody, while directing the respondent to take all endeavours to complete the trial within two months, the crime having been registered almost 24 years earlier with no trial progress owing to the applicant's abscondence; the applicant is recorded as now confined in prison.

Crl.O.P.No.19687 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

Crl.O.P.No.19687 of 2025

George Fernandes, (M/A 56 Yrs), S/o.Henry George, No.11/13, 2^nd Street, Anbazhan Nagar, Perambur, Chennai-600 011. ... Petitioner/Accused-1

/versus/

The Assistant Director, Directorate of Enforcement Government of India, Ministry of Finance Department of Revenue, 2^nd & 3^rd Floor, C-Block, 84, Greams Road, Chennai- 600 006. (ECIRNo. 22 of 2011 ) ... Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in connection with C.C.No.59 of 2016 on the file of this Hon'ble Court.

For Petitioner : Mr.R.Rafi Babu For Respondent : Mr.S.Sasi Kumar, Special Public Prosecutor (EO)

O R D E R

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Crl.O.P.No.19687 of 2025

T he present petition has been filed seeking bail in ECIR No.22 of 2011 for the offences under Sections 3, 4 and 8(5) of the Prevention of Money Laundering Act, 2002.

2. The petitioner, who is a named accused in the above case, failed to appear before the Court and consequently, a Non-Bailable Warrant was issued against him on 16.08.2017, which came to be executed only on 31.10.2025, nearly after seven years. He now seeks bail citing his health condition.

3. The learned Government Advocate (Crl. Side) appearing for the respondent submits that the case is posted for examination of witnesses and if the petitioner is enlarged on bail, he may again abscond and unavailable for trial. This Court has force in the said submission, in view of the previous conduct of the petitioner. Hence, this Criminal Original Petition is dismissed.

4. The respondent is directed to take all endeavours to complete the trial within a period of two months from today, taking note of the fact that the crime was registered almost 24 years ago and there has been no progress in the trial, due to the abscondence of the petitioner, who is now confined in prison.

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Crl.O.P.No.19687 of 2025

14.08.2025

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Note :

Registry is directed to forthwith upload this order in the Official Website of this Court.

All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1.The Assistant Director, Directorate of Enforcement Government of India, Ministry of Finance Department of Revenue, 2^nd & 3^rd Floor, C-Block, 84, Greams Road, Chennai- 600 006.

2.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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14.08.2025

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