Mullai Groups And Mullai Financial Services, v. State Rep. By Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10081 of 2025 in Crl.A.No.1606 of 2024 1.Mullai Groups and Mullai Financial Services, Rep. By O.Kurinchi, having office at 7th Street, 100 feet Road, Gandhipuram, Coimbatore District 2.O.Kurinchi

...Petitioners

Vs.

State represented by, Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore Crime No.2 of 2019 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS to release the petitioner on interim bail by suspending the sentence appealed against in CC.No.23 of 2021 on the file of Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore, pending disposal of the above appeal. 1/8

For Petitioners : Mr.G.Murugendran For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioners, seeking to release them on interim bail by suspending the sentence imposed in CC.No.23 of 2021 on the file of Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore.

2.

The petitioners herein are accused in CC.No.23 of 2021 on the file of Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore. The first petitioner is the company, represented by the second petitioner. The second petitioner was found guilty of the offences under Sections 406 & 420 of IPC and Section 5 of TNPID Act and he has been convicted and sentenced as under: S.No.

Conviction Sentence Section 420 of IPC to undergo seven years rigorous imprisonment and to pay a fine of 2/8

S.No.

Conviction Sentence Rs.60,000/- for each count(60,000 x 724 counts (387 depositors) = Rs.4,34,40,000/-) in default of payment of fine to undergo further one and half years rigorous imprisonment Section 406 of IPC to undergo three years rigorous imprisonment and to pay a fine of Rs.60,000/- for each count(60,000 x 724 counts (387 depositors) = Rs.4,34,40,000/-) in default of payment of fine to undergo further nine months rigorous imprisonment Section 5 of TNPID Act to undergo ten years rigorous imprisonment and to pay a fine of Rs.1,00,000/- for each count(1,00,000 x 724 counts (387 depositors) = Rs.7,24,00,000/-) in default of payment of fine to undergo further two years rigorous imprisonment Aggrieved by the same, the petitioners have filed this appeal.

During the second petitioner's custody, he suffered with chest pain and he was taken to Department of Cardiology in Government Coimbatore Medical College and Hospital, Coimbatore on 15.02.2024. He suffered under the coronary artery disease, acute coronary syndrome, unstable angina class IIIB and normal left ventricular function. He was discharged from hospital and thereafter once again he suffered with chest pain.

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3.

The learned counsel for the petitioners would submit that the petitioners may be granted interim bail by suspending the aforesaid sentence for a period of two weeks to take treatment since the second petitioner has already undergone treatment at Erode Medical Centre, Erode. In order to continue treatment, the second petitioner wants to go to the same hospital in order to save his life.

4.

On instruction, the learned Additional Public Prosecutor submitted that the second petitioner was subjected for medical examination on 02.06.2025 in the jail hospital and he was diagnosed to coronary artery disease, acute coronary syndrome, unstable angina class IIIB and normal left ventricular function. Therefore he was advised to undergo coronary angiogram in Coimbatore Medical College Hospital. However, the second petitioner was not willing to undergo the procedure in Coimbatore Medical College Hospital though the said facility is very much available in Coimbatore Medical College Hospital, Coimbatore. 5.

Heard the learned counsel appearing on either side and also 4/8

perused the materials placed on record.

6.

The second petitioner is taking treatment in Erode Medical Centre, Erode continuously and as such in order to continue his heart ailment, he specifically wants to take treatment from Erode Medical Centre, Erode. Considering the said facts and circumstances of the case, only on medical ground, that too for taking treating at Erode Medical Centre, Erode, this Court is inclined to grant interim bail by suspending the sentence imposed against the second petitioner in CC.No.23 of 2021 on the file of Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore till 22.06.2025 on the following conditions:

(a) The second petitioner is ordered to be released on interim bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two blood related sureties each for a like sum to the satisfaction of the learned Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore (b) The second petitioner and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds 5/8

and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The second petitioner shall surrender before the learned Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore on 23.06.2025.

7.

With the above directions, this Criminal Miscellaneous Petition is ordered.

05.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok 6/8

To 1.Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore 2.Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore 3.Central Jail, Coimbatore 4.The Public Prosecutor, Madras High Court, Chennai.

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G.K.ILANTHIRAIYAN, J.

lok Crl.M.P.No.10081 of 2025 in Crl.A.No.1606 of 2024 05.06.2025 8/8