Shanmugaraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.3762 of 2017 SHANMUGARAJA ... PETITIONER/ACCUSED NO.5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE E.O.W. POLICE STATION, MADURAI, CRIME NO.7/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAJAPRABU, Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/accused No.5, was arrested and remanded to judicial custody on 21.02.2017 for the offences punishable under Sections 406, 420, 120-B of IPC r/w and Section 5 of TNPID Act, in Crime No.7 of 2016, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with the other accused, run a non-banking financial company and they collected more than 2 crores from the depositors. But, they failed to repay the deposited amount.
3. The learned counsel for the petitioner submitted that the petitioner is only an employee and he has nothing to do with the alleged offence.
4. The learned Government Advocate (crl.side) submits that the petitioner is an Executive Manager of the company, which has not been properly registered.
4. Considering the facts and circumstances, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
https://hcservices.ecourts.gov.in/hcservices/ (i) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) to the credit of Cr.No.7 of 2016, on
the file of the learned Special Court for TNPID Act Cases, Madurai;
(ii) the petitioner shall execute 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 Special Court for TNPID Act Cases, Madurai;
(iii) the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders and cooperate with the investigation; (iv) The petitioner shall not abscond either during investigation or trial;
(v) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court.
sd/- 10/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDGE, SPECIAL COURT FOR TNPID ACT CASES, MADURAI. 2 THE INSPECTOR OF POLICE EOW POLICE STATION, MADURAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.S.RAJAPRABU Advocate SR.No.19883 SSS/IA CSL/KKR/SAR-III/11.04.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.3762 of 2017 Date :10/04/2017 https://hcservices.ecourts.gov.in/hcservices/