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Madras High CourtCRL OP(MD)/15453/2017granted

R.Maheswari v. The Deputy Superintendent Of

2017-11-13Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15453 of 2017 R.MAHESWARI ... PETITIONER / ACCUSED NO.10 Vs THE STATE REP.BY, THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMICAL OFFENCE WING-II, VIRUDHUNAGAR DISTRICT, IN CR.NO. 3 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JAYARAMACHANDRAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.10, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 120(b), of I.P.C, and Section 5 of TNPID Act, in Crime No. 3 of 2016, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the director of the Accused No.1 company / Virutcham Agro Limited. The Superintendent of Police, Chennai was registered a case as against the petitioner.

3.The learned counsel for the petitioner submitted that coaccused namely other directors, they were enlarged on bail. The petitioner herein arrayed as A10 and sympathy shown in favour of the petitioner for granting anticipatory bail. He would further submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that investigation is completed and charge sheet also filed before the competent Court and he also conceded other accused persons were granted anticipatory bail. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), that investigation is completed and charge sheet also https://hcservices.ecourts.gov.in/hcservices/

filed before the competent Court and he also conceded other accused persons were granted anticipatory bail, 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Special Court under TNPID Act cases, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the learned Special Court under TNPID Act, Madurai, daily at 10.00 a.m., until further orders;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iii) the petitioner shall not commit any offence while on bail;

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 13/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, THE SPECIAL COURT UNDER TNPID ACT CASES, MADURAI. 2 THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMICAL OFFENCE WING-II, VIRUDHUNAGAR DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.JAYARAMACHANDRAN Advocate SR.No.34278 ORDER IN CRL OP(MD) No.15453 of 2017 Date :13/11/2017 MKV-PM-PN-SAR 4/16.11.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/