G. Bharathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22941 of 2015 1 G. BHARATHI 2 B. UMARANI ... PETITIONER(S) / ACCUSED RANK NOT KNOWN Vs 1 THE INSPECTOR OF POLICE CBCID EOW-III, SUB UNIT MALAPPURAM, KOZHIKODE, KERALA STATE, CR NO.162/CR/2013 2 THE INSPECTOR OF POLICE ARIYACODE POLICE STATION, MALAPURAM DISTRICT, KERALA STATE.
3 THE INSPECTOR OF POLICE KENILKARAI POLICE STATION, KENIKARAI, RAMANATHAPURAM DISTRICT.
4 MR. B.A. WILSON THE SUPERINTENDENT OF POLICE, EOW-III, KOZHICODE, KERALA. ... RESPONDENTS/ COMPLAINANTS For Petitioner : M/S K.SUDALAIYANDI Advocate For Respondent : M/S.K.Anbarasan Government 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, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 420 and 406 r/w. Section 34 of I.P.C. and Sections 4, 5 and 6 of Prize Chits and Money Circulation Schemes Banning Act, 1978, in Crime No.162/CR/2013, on the file of the second respondent police and subsequently, it was transferred to the first respondent police for investigation and hence, seek anticipatory bail.
2. The case of the petitioners is that the petitioners are the erstwhile Directors of M/s.VKL Diaries Ltd., and one G.Vasukinathan, is the Chairman-cum-Managing Director of the said Company, which was established in the year 2007 with an aim to develop and manage scientific and modern dairy farm with mass participation of the public by way of joint ventures so as to meet out the heavy demand of quality milk and allied products all over the country. The petitioners have voluntarily relieved from the Company on 18.03.2008 and to that effect, they have submitted Form No.32, before the Registrar of Companies at Chennai. Subsequent to their resignation, they have no affairs with the Company. Thereafter, they came to know that number of cases have been registered by the second respondent police against the said Company, the Managing Director and other Directors.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Subsequent to their resignation, they are not involved in any of the activities of the Company. While so, they came to know that number of cases have been registered by the second respondent police against the Company, Managing Director and other Directors. Other accused persons viz., A1 to A5 filed Crl.O.P.(MD) No.14798 of 2013 before this Court. This Court, by order dated 05.09.2013, granted interim anticipatory bail to the petitioners therein, for a period of four weeks, for enabling them to make out a case and seek relief before the jurisdictional Court. In the circumstances, the petitioners submitted that they are residing within the third respondent territorial jurisdiction and therefore, they apprehend arrest by the third respondent police.
4. The learned Government Advocate (Criminal side) submitted that the offence taken place is not within the jurisdiction of the third respondent Police and this Court has no territorial jurisdiction to grant anticipatory bail to the petitioners.
5. On consideration of the facts and circumstances of the case and the submissions made, this Court is inclined to grant interim anticipatory bail to the petitioners for a period of three weeks, for enabling them to make out a case and seek relief before the jurisdictional Court.
6. Accordingly, the petitioners are ordered to be enlarged on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ramanathapuram, subject to the following conditions:
(i) The petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for the like sum to the satisfaction of the arresting officer or to the satisfaction of the learned Magistrate.
sd/- 03/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, RAMANATHAPURAM. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, CBCID EOW-III, SUB UNIT MALAPPURAM, KOZHIKODE, KERALA STATE, 5 THE INSPECTOR OF POLICE ARIYACODE POLICE STATION, MALAPURAM DISTRICT, KERALA STATE.
6 THE INSPECTOR OF POLICE, KENILKARAI POLICE STATION, KENIKARAI, RAMANATHAPURAM DISTRICT.
+1. CC to M/S K.SUDALAIYANDI Advocate SR.No. 69213. TS/04.12.2015/3P-8C/ NGM-SS/SAR - I
ORDER
IN CRL OP(MD) No.22941 of 2015 Date :03/12/2015