P. Dharmalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.13643 and 13610 of 2015 P. DHARMALINGAM ... PETITIONER(S) / ACCUSED 11 IN OP 13643/15 /PETITIONER(S) / ACCUSED 6 IN OP 13610/15 Vs STATE REP BY:: THE INSPECTOR OF POLICE E.O.W.II, KARUR, CRINE NO.2/2013 ... RESPONDENT(S) / COMPLAINANT IN BOTH OP'S For Petitioner : M/S.R.MATHIYALAGAN Advocate IN BOTH OP'S For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) IN BOTH OP'S PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A11 and A6, in pursuance of the Non Bailable Warrant issued in C.C.Nos. 14 and 15 of 2014 on the file of the Special court under TNPID Act Cases, Madurai, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 120(b) IPC and Section 5 of TNPID Act and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and others were running a Finance Firm in the name and style of Chennimalai Andavar and they received deposit from public and after maturity period, the partners of the firm have not repaid the amount. 3.The learned counsel for the petitioner submitted that the petitioner/A11 and A6 is an innocent person and he is no way connected with the above case. The learned counsel further submitted that the petitioner is not aware of filing of absconding charge against him and therefore, he could not attend the court and Non Bailable Warrant has been issued against him.

4.Heard the learned Government Advocate (Crl.Side) appearing for the State.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special Judge under TNPID Act Cases, Madurai, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the trial Court for all hearing dates without fail, except on those days by filing a petition under Section 317 of Cr.P.C, by assigning valid reasons. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE UNDER TNPID ACT CASES, MADURAI 2 THE PRINCIPAL DISTRICT JUDGE MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE E.O.W.II, KARUR +1. CC to M/S.R.MATHIYALAGAN Advocate SR.No.40651 DM 29 7 15 - 2P 6C ORDER IN CRL OP(MD) Nos.13643 and 13610 of 2015 Date :23/07/2015 https://hcservices.ecourts.gov.in/hcservices/