Smt. Ushakumari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Crl.O.P.(MD)Nos.14962,16576,16578,16579 & 16580 of 2017 SMT. USHAKUMARI ... PETITIONER/ACCUSED No.10 IN CRL OP(MD) No.14962/2017 SMT.JEYA ... PETITIONER/ACCUSED No.9 IN CRL OP(MD) No.16576/2017 SMT.R.REMA DEVI ... PETITIONER/ACCUSED No.11 IN CRL OP(MD) No.16578/2017 SMT.SANTHIKUMARI ... PETITIONER/ACCUSED No.12 IN CRL OP(MD) No.16579/2017 SMT.REKHA@LEKHA ... PETITIONER/ACCUSED No.7 IN CRL OP(MD) No.16580/2017 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING-II, NAGERCOIL, KANYAKUMARI DISTRICT CRIME NO. 1 OF 2017 ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioners : M/S.J.LAWRANCE, Advocate IN ALL THE PETITIONES For Respondent : MR.K.
ANBARASAN, Government Advocate(Crl.Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.10,9,11,12 and 7, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 120(b) of I.P.C.
Section 5 of Tamil Nadu Protection of Interest of Depositors (In Financial Estate Establishment) Act, 1997 and 4,5(a) of Prize Chit and Money Circulation Scheme (Banning Act) in Crime No.1, of 2017, seek anticipatory bail.
2.The case of the prosecution is that the petitioners are the Directors of the company namely Nirmal Krishna Nidhi Private Limited. The petitioners and other accused persons collected huge money from the innocent depositors. After collecting huge money from the depositors, they have not paid the collected amount, thereby, the Law Enforcing Agency registered a case against the petitioners under the Provision of TANPID Act, 1997.
3. The learned counsel appearing for the petitioners submitted that the petitioner/accused no.1 was arrested and remanded to judicial custody. He further submitted that the other petitioners are the employees of the company, who did not commit any offence as alleged by the prosecution. However, the petitioners are ready and co-operate with the investigation to be conducted by the Law Enforcing Agency. Accordingly, they prayed for anticipatory bail. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that the petitioners are not the employees of the company but they are the Directors of the above said company, who have involved in the process of collecting huge amount to the tune of Rupees One Crore from the innocent depositors. He further submitted that the investigation is in progress. If anticipatory bail is granted to the petitioners, they would tamper the witnesses and documents.
5. Considering the facts and circumstances of the case and considering the submission made by the learned Government Advocate (Crl.Side) that since the issue involved in this case is serious in nature and the petitioners are the Directors of the Nirmal Krishna Nidhi Private Limited, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, these criminal original petitions are dismissed.
sd/- 11/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING-II, NAGERCOIL, KANYAKUMARI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+5. CC to M/S.K.K.VIJAYAN Advocate SR.Nos. 36024, 36022, 36025, 36026, 36023
ORDER
IN Crl.O.P.(MD)Nos.14962,16576, 16578,16579 & 16580 of 2017 Date :11/12/2017 PK/RR/SAR-1/19.12.2017 : 3P/8C