Altrin Benjamin Peter v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.18346 & 6009 of 2020 ALTRIN BENJAMIN PETER [PETITIONER/ACCUSED IN CRL.OP.NO.18346/2020 ] D.MARIA SELVAM [PETITIONER/ACCUSED IN CRL.OP.NO.6009/2020 ] Vs THE STATE REP BY [ RESPONDENT IN BOTH THE INSPECTOR OF POLICE, PETITIONS] ECONOMIC OFFENCE WING-II, GUINDY, CHENNAI.

CRIME NO.2 OF 2020 For Petitioner : M/S. N.BAASKARAN Advocate[IN BOTH THE PETITIONS] For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR [IN BOTH THE PETITIONS] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A2 and A4, who apprehends arrest for the alleged offence under Sections 120(B), 420, 409 of IPC and under Sections 4(1), 14, r/w 76(1) of the Chit Funds Act, 1982 in Crime No.2 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.Heard both sides.

3.The case of the prosecution is that, the petitioners herein have been arrayed as A2 and A4. A4 is the mother of A2. A2 is running a chit fund company and had collected funds from various persons. The petitioners along with other accused persons joined together and had misappropriated amount to the tune of Rs.1,45,00,000/-. Hence, the complaint.

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4.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution. A1 is the chit company, A2 is the proprietor of the company, A3 is the wife of A2 and A4 is the mother of A2, who were Directors of the company. Since, the company was put into deep financial problems, the petitioners could not re-pay the amount in time to the chit fund subscribers. However, the learned counsel on instructions submitted that the petitioners are ready to settle the entire amount before the trial Court without prejudice to their rights. He further submitted that already the Court below has granted anticipatory bail to A2 on deposit of Rs.25,00,000/-. Hence, he seeks for grant of anticipatory bail to the petitioners. 5.The learned Additional Public Prosecutor submitted that charge sheet has been filed in this case and the same is pending before the trial Court.

6.In view of the fact that the charge sheet is filed, no apprehension for arrest and the case is pending before the trial Court and also that the petitioner is ready to deposit the entire amount before the trial Court, nothing survives further in this petition.

7.Accordingly, these Criminal Original Petitions are closed. -sd/- 16/04/2021 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 INSPECTOR OF POLICE, ECONOMIC OFFENCE WING-II, GUINDY, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S. N.BAASKARAN Advocate on payment of necessary charges Sr.Nos.4916 & 4917 CRL OP.Nos.18346 & 6009/2020 Date :16/04/2021 RVR 28/04/2021 https://hcservices.ecourts.gov.in/hcservices/