Premalatha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.5658 of 2015 PREMALATHA ... PETITIONER/ ACCUSED NO.6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING-II, DINDIGUL DT, CRIME NO.1/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.PALANIVELAYUTHAM Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A6 apprehends arrest at the hands of the respondent police, in pursuance of the Non-Bailable Warrant issued on 17.02.2015 by the learned (*)Special Judge/EOW, Madurai for the alleged offences punishable under section 5 of TNPID Act 1997 and sections 406, 420 and r/w 120(B) of IPC, in Crime No.1 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused have approached the de-facto complainant to invest money to bread Emu Chicken for the company run by them and believing the words, the defacto complainant had deposited a sum of Rs.3,00,000/- with the company, but they did not give any monthly incentive nor return back the money.

3.The learned counsel for the petitioner submitted that the petitioner is working as a Manager in the A1's company and he has nothing to do with the alleged offence. The learned counsel further submitted that the respondent has filed a charge sheet showing the petitioner as 'absconding accused' and on that basis, the learned (*)Special Judge/EOW, Madurai, has issued Non-Bailable Warrant on 17.02.2015 against the petitioner.

4.The learned Government Advocate (Criminal side) submitted that except the petitioner, other accused were arrested and released on bail and the petitioner was shown as 'absconding accused' in the charge sheet.

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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.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned (*) Special Judge, EOW, Madurai and on his 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 petitioner shall appear before the trial court for all hearings without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7.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/- 01/06/2015 (*)AMENDED AS PER THE ORDER OF THIS HON'BLE COURT DATED 02/07/2015 AND MADE IN MP(MD)NO.1/15 IN CRL.OP(MD)NO.5658/2015 Sd/- 02/07/2015 This Petition is ordered.

Time is extended for a period of two weeks to furnish sureties from the date of on which the order copy made ready. / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO (*)1.THE SPECIAL JUDGE EOW, MADURAI 2.THE SPECIAL JUDGE, EOW-II, DINIDGUL 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

4.THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING-II, DINDIGUL DISTRICT. +1. CC to M/S.S.PALANIVELAYUTHAM Advocate SR.No.35963

ORDER

IN CRL OP(MD) No.5658 of 2015 Date :01/06/2015 RG.05.06.2015 2P.5C.

RL/6 C- 10/7/2015 https://hcservices.ecourts.gov.in/hcservices/