T.Marimuthu v. The Additional Superintendent Of Police

CRL OP(MD). No.831 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.831 of 2020 T.Marimuthu ... Petitioner/Accused No.3 Vs The Additional Superintendent of Police, SPE; CBI; ACB Madurai (Crime No.Rc 229 2020 A 0001).

... Respondent/Complainant For Petitioner : M/s.Veera Associates, Advocate.

For Respondent : Mr.N.Nagendran, Special Public Prosecutor- CBI PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. RC 229 2020 A 0001 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(b) read with 420, 409 of I.P.C., and Section 13(2) read with 13(1)(d) of PC Act, 1988, in Crime No.RC 229 2020 A 0001) on the file of the respondent police, seeks anticipatory bail.

3. The learned Special Public Prosecutor appearing for the CBI submitted that the petitioner had availed loan from the complainant bank to the tune of Rs.8.3 Crores. The respondents also submitted that the investigation is at a very earlier stage and therefore it may not be proper to grant anticipatory bail to the petitioner thereby tieing the hands of the investigation. 4.If that be so, I am of the view that the interest of both the parties can be balanced by directing the petitioner to appear for enquiry before the respondent as and when summoned. If the respondent intends to arrest the petitioner, the respondent will issue notice to the petitioner so that, the petitioner will have breathing time to move this Court for relief. This arrangement is https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.831 of 2020 directed since adequate materials are not presently available before this Court for adjudication.

5.With this direction, this Criminal Original Petition stands dismissed.

sd/- 27/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SUPERINTENDENT OF POLICE, SPE CBI, ACB MADURAI 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.VEERA ASSOCIATES Advocate SR.No.4626

ORDER

IN CRL OP(MD) No.831 of 2020 Date :27/02/2020 MK/SKN/SAR 1 (11.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2