B.Venkatesan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9793 of 2022 1 B.VENKATESAN [ PETITIONERS/ ACCUSED ] 2 B.RAMACHANDRAN Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, [ RESPONDENTS/COMPLAINANT ] EOW -2 RSI QUARTERS, NEW NEAR S.P.OFFICE, PUDUKUPPAM, CUDDALORE 607001.

2 THE STATE OF TAMIL NADU REP BY THE SUB INSPECTOR OF POLICE, CUDDALORE ECONOMIC OFFICES WING-II, CUDDALORE-CUDDALORE DISTRICT.

For Petitioner : M/S.T.T.RAVICHANDRAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A3 & A4, who apprehend arrest for the alleged offences under Section 420, 406, 120-B of I.P.C and Section 5 of the Tamil Nadu Protection of Interest of Depositor (in Financial Establishments) Act, 1997, in Crime No.1 of 2021, on the file of respondent police, seeks anticipatory bail.

2. The specific allegation against these petitioners is that, without the consent of the defacto complainant, the money deposited by the defacto complainant in one Company of the accused been transferred to another company which later become defrayed and liquidated under NCLT proceedings.

3. Considering the nature of the case, this Court is inclined to grant anticipatory bail. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of

a copy of this order, before the learned Judicial Magistrate-I, Cuddalore, on condition that, the petitioners shall execute a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only),each with two sureties 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 petitioners 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 petitioners shall appear before the Investigating Officer, as and when required for interrogation. (c).The petitioners shall not tamper with evidence or witness either during investigation or trial;

(d). The petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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/- 28/04/2022 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-I, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT [FOR INFORMATION] 3 THE DEPUTY SUPERINTENDENT OF POLICE, EOW -2 RSI QUARTERS, NEW NEAR S.P.OFFICE, PUDUKUPPAM, CUDDALORE 607001.

4 THE SUB INSPECTOR OF POLICE, CUDDALORE ECONOMIC OFFICES WING-II, CUDDALORE-CUDDALORE DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.T.T.RAVICHANDRAN Advocate on payment of necessary charges SR.No.6589 CRL OP.9793/2022 Date :28/04/2022 CSK 05/05/2022