Philip Mani Modayil, v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.Nos.284, 285, 286, 287, 288, 289, 290, 291 and 292 of and Crl.M.P.Nos.2863, 2864, 2865, 2866, 2867, 2868, 2869, 2870 and Philip Mani Modayil Director of Church of South India Trust Association, Modayil House, Kanjikuzhy P.O.

Kottayam, Kerala - 683 004.

..Petitioner in Crl.R.C.No.284/17 Devakadasham Gnanasigamony Director of Church of South India Trust Association, CSI Bishops Bungalow, Ramavarmapuram, Nagercoil, Kanyakumari Dt., Tamil Nadu - 629 001.

..Petitioner in Crl.R.C.No.285/17 Abraham Bennet Director of Church of South India Trust Association, Pallivila Veedu, Gandhipuram Road, Sreekariyam P.O.,Trivandrum, Kerala - 695 017.

..Petitioner in Crl.R.C.No.286/17 John Samuel Ex-Director of Church of South India Trust Association, HNO:11-23-111, L.B.Nagar, Warangal, Andhra Pradesh - 506 002.

..Petitioner in Crl.R.C.No.287/17 Mohan Raj Arumainayagam Director of Church of South India Trust Association, No.160D/36, Polepettai West Kurinchi Nagar, 5th Street, Tuticorin - 628 001.

..Petitioner in Crl.R.C.No.288/17

Bernard Robert Hereford Director of Church of South India Trust Association, No.602, 2nd E Cross, 2, Block Kalyan Nagar, Bangalore, Karnataka - 560 043.

..Petitioner in Crl.R.C.No.289/17 Prabhakara Rao Dayala Director of Church of South India Trust Association, D.No.59-13-36, Gayatri Nagar, Vijayawada, Krishna Dist.

Andhra Pradesh - 520 008.

..Petitioner in Crl.R.C.No.290/17 Sathiadas Samuel Nadar Ex-Director of Church of South India Trust Association, 32/16, A, Kulasekaram Road, Marthandam Post, Kanyakumari, Tamil Naud - 629 165.

..Petitioner in Crl.R.C.No.291/17 Vimal Sukumar Sugundhar Badda Director of Church of South India Trust Association, H.No.10-3-66-1, Teachers Colony, East Marredpally, Secunderabad, Andhra Pradesh - 500 026.

..Petitioner in Crl.R.C.No.292/17 Vs.

State The Deputy Registrar of Companies, Tamilnadu, having office at Shastri Bhavan, 26, Haddows Road, Chennai - 600 006.

.. Respondent in revisions Nos.284 to 291/2017 o/o The Registrar of Companies, Tamilnadu, Chennai.

Shastri Bhawan,II Floor,Chennai-600006.

..Respondent in Revision No.292/2017 Criminal Revision Cases filed under Section 397 and 401 Cr.P.C. against the common order of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai, passed in Crl.M.P.Nos.2175, 2178, 2177, 2176, 2179, 2180, 2181, 2182 and 2183 of 2016 in E.O.C.C.No.12 of 2014 on 16.11.2016.

For Petitioners: Mr.D.Prabhu Mukunth For Respondent : Mr.V.Venkatesan Senior Central Government Standing Counsel ***** C O M M O N O R D E R These revisions arise against the common order of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai, passed in Crl.M.P.Nos.2175, 2178, 2177, 2176, 2179, 2180, 2181, 2182 and 2183 of 2016 in E.O.C.C.No.12 of 2014 on 16.11.2016, dismissing petitions seeking recall of Non-bailable Warrants issued against petitioners.

2. Heard learned counsel for petitioners and learned Senior Central Government Standing Counsel.

3. On a perusal of the order under challenge, this Court is of the view that in the attendant facts, not much wrong can be found therein. However, it is considered appropriate to afford the petitioners one further opportunity subject to conditions. Accordingly, this Court directs each of the petitioners to effect payment of a sum of Rs.1,000/- (Rupees One Thousand only) to the Tamil Nadu Mediation and Conciliation Centre attached to this Court within a period of one week *from the date of receipt of the order. Upon production of proof of such payment,Court below is directed to recall the Non-bailable Warrants issued against petitioners without insisting on their appearance before it. Court below is further directed to deal with the case in E.O.C.C.No.12 of 2014 expeditiously.

The Criminal Revision Cases are disposed of with the above direction. Connected miscellaneous petitions are closed. Sd/- Asst.Registrar *Amended as per the order of this court dated 20.03.2017 made herein -s/dAssistant Registrar(CSV) dt 22/03/2017 /true copy/ Sub Asst. Registrar gm

To 1.The Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai.

2.The Registrar of Companies, ( To be Substituted order to be TamilNadu,Chennai.

(issued already despatched on Shastri Bhawan,II Floor, (08.03.2017) Chennai-600006.

3.o/o The Deputy Registrar of Companies, Tamilnadu, having office at Shastri Bhavan, 26, Haddows Road, Chennai - 600 006.

+2ccs to Mr.V.Venkadesan,Advocate sr.13487 &13768 +2ccs to Mr.D.Prabhu Mugunth Arunkumar,Advocate sr.*17081 Crl.R.C.Nos.284, 285, 286, 287, 288, 289, 290, 291 and 292 of 2017 mp(co) ss(7/3/2017) aa22/03/2017