Sheik @ Sheik Abdul Rahman v. The State Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17058 of 2015 AND CRL OP(MD) No.17330 of 2015 1 SHEIK @ SHEIK ABDUL RAHMAN 2 MEERAN @ MERANN SAHIB ... PETITIONERS / ACCUSED NO.23 & 24 IN CRL OP(MD) No.17058 of 2015 KOTHAI NACHIYAR ... PETITIONER / ACCUSED NO.30 IN CRL OP(MD) No.17330 of 2015 Vs THE STATE REP BY THE INSPECPTOR OF POLICE ECONOMIC OFFENCE WING II VIRUDHUNAGAR VIRUDHU NAGAR DISTRICT IN CRIME NO.2 OF 2013 ... RESPONDENT / COMPLAINANT IN CRL OP(MD) No.17058 of 2015 THE STATE OF TAMILNADU REP.BY DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCE WING II VIRUDHUNAGAR ...
RESPONDENT / COMPLAINANT IN CRIME NO.2 OF 2013 IN CRL OP(MD) No.17330 of 2015 For Petitioner : M/S G.MARIMUTHU Advocate- IN CRL OP(MD) No.17058 of 2015 For Petitioner : M/S.D.SRINIVASARAGAVAN,AdvocateIN CRL OP(MD) No.17330 of 2015 For Respondent : MRS.S.PRABHA Govt. Advocate (Crl. Side)- IN BOTH PETITIONS.
PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A23, A24 and A30 , apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 120(b) of I.P.C., and Section 4 of TNPID Act, in C.C.No.8 of 2015 on the file of the Special Court for TNPID Act Cases, Madurai and hence, seeks anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioners would submit that the petitioners in Crl.O.P.(MD).No.17058 of 2015, were added as A21 and A22
in the FIR, but they were not aware of the registration of the case against them and they were also not arrested pending investigation. It is further submitted that the petitioner in Crl.O.P.(MD).No.17330 of 2015, was added as an accused only in the charge sheet and her name was not mentioned in the FIR and that the respondent has already completed the investigation and laid a charge sheet, which was taken on file in C.C.No.8 of 2015 and that they are ready to appear before the trial Court and co-operate for completion of trial.
3.The learned Government Advocate (Crl.side) would vehemently contend that the accused have swindled about Rs.11 crores of the money of the general public, so they are not entitled for any indulgence of this Court.
4.However, considering the facts and circumstances of the case this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance before the Special Court for TNPID Act Cased, Madurai and on each of them 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 Judge concerned and on further condition that the petitioners 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 petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners shall appear before the concerned Judge 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/- 09/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE SPECIAL COURT FOR TNPID ACT CASED, MADURAI 2 THE DEPUTY SUPERINTENDENT OF POLICE,ECONOMIC OFFENCE WING II, VIRUDHUNAGAR 3 THE INSPECTOR OF POLICE,ECONOMIC OFFENCE WING.II,VIRUDHUNAGAR VIRUDHU NAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1CC to M/S G.MARIMUTHU Advocate SR.No.53034 +1CC to M/S.D.SRINIVASARAGAVAN,Advocate, SR.No. 52852.
ORDER
IN CRL OP(MD) No.17058 of 2015 Date :09/09/2015 https://hcservices.ecourts.gov.in/hcservices/ AM/14.09.2015/SK.SKN/SAR-II/2P/7C