M.Gowtham Kumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6751 of 2021 M.GOWTHAM KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-XXI, VEPERY, CHENNAI. CR.NO.28 OF 2020.

For Petitioner : M/S N.RAMAKRISHNAN Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 420, 465, 468, 471 read with 34 and 109 of IPC in Crime No.28 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are the partners in a partnership business under the name and style of Phoneix Motors which was operating Tata Motors car showrooms at Red Hills, The firm was constituted under the deed of partnership dated 03.08.2018. The Firm had availed financial facilities from ICICI Bank.

For which, the partners had also executed the loan documents, mortgage deeds, deed of guarantee in favour of the said Bank for availing loan. After getting loan, A1 and other accused created a fake codicil for operating the bank account and misappropriated the loan amount of Rs.11/- Crores. Based on the complaint lodged by the defacto complainant, the respondent police registered a case against the petitioner and the other accused persons.

3.The learned counsel appearing for the petitioner submitted that the petitioner has repaid nearly a sum of Rs.5 1/2/- Crores and co-accused has already been enlarged on bail. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that investigation is still pending.

5. Considering the facts and circumstances of the case and also the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police everyday at 10.30 AM until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 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 Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, POONAMALLEE 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-XXI, VEPERY, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S WARON AND SAI RAMS Advocate on payment of necessary charges Sr.5379 CRL OP.6751/2021 Date :27/04/2021 RVR 30/04/2021