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Madras High CourtCRL MP(MD)/2455/2016dismissed

Judith Amutha v. The Inspector Of Police

2016-03-21Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL MP(MD) No.2455 of 2016 IN CRL A(MD) No.72 of 2013 JUDITH AMUTHA ..PETITIONER/ APPELLANT No.3 Vs THE STATE OF TAMILNADU THE INSPECTOR OF POLICE ECONOMIC OFFENCE WING NO.2, NAGERCOIL, KANYAKUMARI DISTRICT.

RESPONDENT / RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed on the petitioner in M.P.No.1 of 2013 in Crl.A.72 of 2013 on 1.3.2013 as report before the trial court once in six months instead of every month pending disposal of the appeal. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S C.GODWIN, Advocate for the petitioner and of Mr.P.KANDASAMY, Advocate for the Respondent, the court made the following order:- This application is filed to modify the condition imposed on the Petitioner in Crl.M.P(MD)No.1 of 2013 in Crl.A(MD)No.72 of 2013, on 01.03.

2013 as to report before the trial Court once in six months instead of every month, pending disposal of the appeal. 2.Heard the submissions made on either side and perused the records. 3.It is represented in the impugned judgement, the Petitioner has to make repayment of Rs.26,80,000/- collected from the depositors and the Petitioner has not deposited the said amount. On the other hand, the learned counsel for the Petitioner has stated that the Petitioner/Appellant No.3 has paid only the fine amount. Hence this Court is not satisfied with the reasons stated in the affidavit to modify the condition as huge amount has to be repaid to the depositors by the https://hcservices.ecourts.gov.in/hcservices/ Petitioner.

4.In view of the above mentioned facts and circumstances reasons, this application stands dismissed.However, if the above said amount is deposited by the Petitioner to the credit of the trial Court to show her bonafide that the Petitioner is ready to repay the amount to the depositors, the Petitioner's request for modification will be considered. Hence the Petitioner is at liberty to file fresh application, on such deposit being made by her, which has been received by her, promising the depositors to pay interest at 24%.p.m.

sd/- 21/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SPECIAL JUDGE, THE SPECIAL COURT UNDER THE TAMILNADU PROTECTION OF INTEREST OF DEPOSITORS ACT, MADURAI

2. THE SUPERINTENDENT.

CENTRAL JAIL, MADURAI

3. THE INSPECTOR OF POLICE ECONOMIC OFFENCE WING NO.2, NAGERCOIL, KANYAKUMARI DISTRICT

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S C.GODWIN Advocate SR.No.15919

ORDER

IN CRL MP(MD) No.2455 of 2016 IN CRL A(MD) No.72 of 2013 Date :21/03/2016 vsn SH/SKS-RR/AR-I:23.03.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/