N.Balakrishnan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.Nos.28312, 28334, 28339 & 28349 of 2018 N.Balakrishnan ... Petitioner in all Crl.O.Ps Vs.
The Inspector of Police, Cuddalore. ...Respondent/Complainant in Crl.O.P.No.28312 of 2018 The Inspector of Police, Vellore.
...Respondent/Complainant in Crl.O.P.No.28334 of 2018
The Inspector of Police, Kancheepuram.
...Respondent/Complainant in Crl.O.P.No.28339 of 2018
The Inspector of Police, Chennai.
...Respondent/Complainant in Crl.O.P.No.28349 of 2018
COMMON PRAYER: Criminal Original Petitions filed under Section 482 Cr.P.C, to set aside the condition (d) imposed by the Special Court under TNPID Act, Chennai in Crl.M.p.Nos.1481, 1387, 1388 & 1386 of 2018 , dated 14.11.2018, 24.10.2018, 24.10.2018 & 24.10.2018 respectively.
For Petitioner in all Crl.O.Ps : Mr.C.P.Palanichamy For Respondents in all Crl.O.Ps: Mr.M.Mohamed Riyaz Additional Public Prosecutor
C O M M O N O R D E R These Criminal Original Petitions have been filed seeking to modify the condition imposed by the Court below, while considering the bail petition filed by the petitioner.
2. It is seen from records that the petitioner is a Director of Chit Fund Company. This Chit Fund Company has collected an amount of nearly Rs.4.74 Crores from nearly 350 depositors from various Districts. Since the amount was not repaid back, several complaints were given and an FIR has been registered for an offence under Sections 409,420 & 120-B of I.P.C. r/w Section 5 of TNPID Act 1997.
3. The Court below, while considering the bail petition has imposed as one of the condition that the petitioner has to deposit a sum of Rs.2,00,000/-. This condition has been put to challenge before this Court.
4. In the facts and circumstances of the case, this Court does not find any perversity in the condition imposed by the Court below. This petitioner is the Director of the Company and huge amounts have been collected from the general public. Therefore, in a case of this nature, such stringent condition must be imposed. The Court below was perfectly right in imposing the above said condition.
5. The Criminal Original Petitions shall stand dismissed. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rri/ub To 1.The Inspector of Police, Cuddalore.
2.The Inspector of Police, Vellore.
3.The Inspector of Police, Kancheepuram.
4. The Public Prosecutor, High Court, Madras.
5. The Inspector of Police Chennai.
+4cc to M/s.C.P.Palanichamy, Advocate SR.No.83394,83395,83396,83394 CRL.O.P.Nos.28312, 28334, 28339 & 28349 of 2018 CNR(CO) GMY(28/12/2018)