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Madras High CourtCRL OP/20773/2015dismissed

Shri Meghraj Jain v. The Assistant Director Of

2017-12-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on :

28.11.2017 Pronounced on :

Coram:

The Hon'ble Dr.Justice G.Jayachandran Crl.O.P.No.20773 of 2015 Shri Meghraj Jain .. Petitioner /versus/ The Assistant Director of Enforcement, Directorate of Enforcement, Office of the Join Director, Enforcement Directorate, Chennai Zonal Office, Greams Road, Chennai 600 006.

.. Respondent Criminal Original Petition is filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest at the hands of the respondent in File No.ECIR/CEZO/01/2013.

For Petitioner :Mr.B.Satish Sunder For Respondent :Mr.V.Parivallal, Spl.PP for Enforcement Cases -------

O R D E R

This petition is filed for anticipatory bail by one Shri Meghraj Jain, S/o Sohanlal Jain, apprehending arrest at the hands of the Enforcement Directorate for the alleged offence under Section 3 of the Prevention of Money Laundering Act, 2002.

2. The apprehension of arrest is emanated in the following manner:- On 26.03.2003, the Enforcement Directorate has registered a case in ECIR/CEZ0/01//2013 against the Directors of M/s Future Techniks Private Limited and the Chief Manager of Canara Bank, Ambattur. This case is an off shoot to the complaint lodged by Canara Bank, Chennai Circle on 19.03.2013 with the Central Crime Branch, Tamil Nadu Police, Chennai and later transferred to CBI, Bank Securities and Fraud Cell, Bangaluru. As far as the present case registered by the Enforcement Directorate is concerned, this petitioner was summoned on 26.03.2013 and in response to the summon, he had appeared on 16.04.2013 and 17.11.2014. During the said period, his brother Sri Ajit Jain was also summoned and his statement was recorded and Sri Ajit Jain was arrested on 29.06.2015. Since his brother was arrested, apprehending arrest he sought for

anticipatory bail before the District Court, which was dismissed on 11.08.2015. Hence, the present petition.

3. It appears that the prosecution has completed the investigation and laid final report and the same has also been taken on file wherein, this petitioner is shown as one of the accused. Till date, the petitioner is not arrested. Hence, his apprehension is unwarranted.

4. The respondent, in his counter-affidavit, has stated that nearly 300 crores of rupees has been laundered by the accused in this case and the investigation regarding tracing of money laundered is still going on.

5. Considering the rival submissions made on either side, this Court is of the opinion that in the absence of any apprehension of arrest, there is no need to entertain this petition. Hence, this Criminal Original Petition is dismissed.

Index:yes/no Internet:yes/no ari

Dr.G.Jayachandran,J.

ari To

1. The Assistant Director of Enforcement, Directorate of Enforcement, Office of the Join Director, Enforcement Directorate, Chennai Zonal Office, Greams Road,Chennai 600 006. 2.The Special Public Prosecutor for Enforcement, High Court, Madras. Pre-delivery order made in Crl.O.P.No.20773 of 2015