A.Naseerudheen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.17400 of 2016 1 A.NASEERUDHEEN ... PETITIONER 1 / ACCUSED 4 2 J.HASEENA BEGUM, ... PETITIONER 2 / ACCUSED 5 Vs The State through THE INSPECTOR OF POLICE COMMERCIAL CRIME INVESTIGATION WING, THIRUCHIRAPPALLI (CRIME NUMBER.4/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.GNANASEKARAN 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 :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 408, 409, 418, 420, 468, 471 and 477-A IPC in Crime No.4 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

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Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police.

3. It is seen that on 15.09.2016, this Court had granted interim anticipatory bail to the petitioners, which was subsequently extended on 29.09.2016.

4. Learned Government Advocate (Crl.Side) would submit that the petitioners along with other accused pledged fake jewels on different dates in 20 days and availed loan, thereby caused loss to the Bank. It is further submitted that the petitioners have complied with the conditions imposed by this Court, while granting interim anticipatory bail.

5. At this juncture, learned counsel for the petitioners has submitted that the petitioners, in order to show their bonafide intention, without prejudice to their rights, are willing to deposit Rs.2,00,000/- each before the concerned jurisdictional Court and he has also filed an affidavit to that effect.

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6. Considering the fact that the petitioners have complied with the conditions imposed by this Court and also the fact that the petitioners are ready to deposit Rs.2 lakhs each, the interim anticipatory bail already granted by this Court is made absolute with the following conditions:

i) each of the petitioners, without prejudice to their rights, shall deposit Rs.2,00,000/- to the credit of Crime No.4 of 2016 before the learned District Munsif-cum-Judicial Magistrate No.1, Trichy within a period of two weeks from the date on which a copy of this order is made ready and on such deposit, the Magistrate shall invest the same in anyone of the Nationalized Banks under Fixed Deposit scheme initially for one year and thereafter, renewable periodically till the issue is decided in one way or the other by it; ii) the petitioners shall report before the respondent police as and when required for interrogation; iii) once the matter is taken on file for hearing, the Trial Court is directed to take up the matter and proceed with the trial on day to-day basis without adjourning the case beyond 10 working days at any point of time. sd/- 01/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM -JUDICIAL MAGISTRATE NO.I, TRICHIRAPPALLI.

2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE COMMERCIAL CRIME INVESTIGATION WING, THIRUCHIRAPPALLI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.GNANASEKARAN Advocate SR.No.75009 sm:pv:SAR 2:14/12/2016:2P/6C

ORDER

IN CRL OP(MD) No.17400 of 2016 Date :01/12/2016 https://hcservices.ecourts.gov.in/hcservices/