C.Prathabaurthran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.1343 of 2017 C.PRATHABAURTHRAN ... PETITIONER/ACCUSED NO.4 Vs STATE THROUGH THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING, UNIT-II, VIRUDHUNAGAR.

CRIME NO:4 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : MR.S.MANICKAM 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 petitioner / A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 120-B IPC and Section 5 of the TNPID Act in Crime No.4 of 2016 on the file of the respondent Police and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) appearing for the State. 3.When the matter came up for hearing today, the learned counsel for the petitioner submitted that it is alleged in the complaint that the petitioner, along with the other accused, cheated the defacto complainant by not repaying the deposited amount to the tune of Rs.46,113/-. The petitioner is one of the Directors of A1/company. When the co-accused sought for anticipatory bail, this Court has granted the same subject to the condition to deposit a sum of Rs.46,113/- in Crime No.4 of 2016 and as such, they have also deposited the said amount. The petitioner did not involve in the offence as alleged by the prosecution. He is an innocent person and falsely implicated in this case.

4.The learned Government Advocate appearing for the State submitted that A3, A5 and A8 were arrested and released on bail and A2, A6, A7 and A9 were released on anticipatory bail by this Court on 11.01.2017 in Crl.O.P.(MD).Nos.33, 279, 34 of 2017 and 23842 of 2016 and that the investigation is pending.

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5.Considering the facts and circumstances of the case and also considering the fact that the cheated amount has already been deposited in Crime No.4 of 2016, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Special Judge for TNPID cases, 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent Police once in a week i.e., on every Monday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for investigation.

The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 14/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE FOR TNPID CASES, MADURAI. 2 THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING, UNIT-II, VIRUDHUNAGAR.

3 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MANICKAM Advocate SR.No.14511 GCG CSL/PM-PN/SAR-III/17.03.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.1343 of 2017 Date :14/03/2017 https://hcservices.ecourts.gov.in/hcservices/