R. Rajamani v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20769 of 2015 1 R. RAJAMANI 2 R. OM PRAKASH ... PETITIONERS / ACCUSED 3 & 5 Vs State rep.by its THE INSEPECTOR OF POLICE E. O. W.II, KARUR DISTRIT, CR. NO.1 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.MATHIYALAGAN Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.3 and 5, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 120(b) of the Indian Penal Code also under Section 5 of TNPID Act in Crime No.1 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the defacto complainant, accused 2 to 5 were running a finance company and collected deposits, but they failed to return the deposited amount to the defacto complainant and other depositors after maturity.

3. The learned counsel for the petitioners submitted that the first accused company was run by the second accused and the petitioners are only Directors of the company and it is further submitted that the prime accused A2 and A4 were arrested and released on bail. The learned counsel for the petitioners further submitted that the respondent has completed the investigation and also filed a charge sheet in this case, which is taken on file in C.C.No.5 of 2015 before the TANPID Court, Madurai.

4. The learned Government Advocate (Criminal Side) submitted that the respondent has taken attachment proceedings against the property of the accused and an interim attachment was passed on 11.02.2015. The properties also attached and the Special Court has issued Non-Bailable Warrant against the petitioners.

5. Considering the facts and circumstances of the case this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Court, TNPID Act, 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 conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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/- 29/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT, TNPID ACT, MADURAI 2 THE INSEPECTOR OF POLICE E. O. W.II, KARUR DISTRIT 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.MATHIYALAGAN Advocate SR.No.63922 Sm:JGB-DP:SAR I:02.11.2015:2P/5C

ORDER

IN CRL OP(MD) No.20769 of 2015 Date :29/10/2015 https://hcservices.ecourts.gov.in/hcservices/