G.Srithar v. State Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.14200 of 2025 in Crl.A.No.65 of 2023 G.Srithar
...Petitioner
Vs.
State represented by Deputy Superintendent of Police, Economic Offences Wing-II, Namakkal crime No.4 of 2013 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to release the petitioner on bail by suspending the sentence appealed against in CC.No.2 of 2014 on the file of the Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore, pending disposal of the above appeal. For Petitioner : Mr.G.Murugendran For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor 1/6
ORDER
This Criminal Miscellaneous Petition has been filed praying to release the petitioner on bail by suspending the sentence imposed in CC.No.2 of 2014 on the file of the Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore, pending disposal of the above appeal.
2.
The petitioner, who is the fourth accused in CC.No.2 of 2014 on the file of the Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore, vide judgment dated 12.07.2022. He has been convicted and sentenced 10 years rigorous imprisonment.
3.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.
On perusal of records, it is revealed that even according to the prosecution, the petitioner, who is arrayed as A4, was the Manager of the 2/6
A1 company. As per the allegations, he had received a sum of Rs.40,00,000/- only, which is a part of the crime proceeds, from the first accused. As such, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 5.
Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner shall deposit original title deeds not less than the value of Rs.50,00,000/-(Rupees Fifty Lakhs only) stands in the name of the petitioner or his relatives or friends along with a proper valuation certificate obtained from the authority concerned, to the credit of CC.No.2 of 2014 on the file of the Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore. On such deposit, the petitioner/A4 is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two 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 3/6
(b) The petitioner/A4 and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.
(c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. 6.
With the above directions, this Criminal Miscellaneous Petition is ordered.
31.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 4/6
To 1.The Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore 2.Deputy Superintendent of Police, Economic Offences Wing-II, Namakkal 3.Central Jail, Coimbatore 4.The Pubic Prosecutor, High Court of Madras 5/6
G.K.ILANTHIRAIYAN, J.
lok Crl.M.P.No.14200 of 2025 in Crl.A.No.65 of 2023 31.07.2025 (2/2) 6/6