Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18409 of 2016 1 GANESAN 2 MAHENDRAN ... PETITIONERS / A6 & A7 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT, CR NO. 34 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.K.SEKHAR Advocate For Respondent : Mr.K.V.Rajarajan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C for the offences punishable under Sections 406 and 420 IPC and Section 5 of TNPID (FE) Act, 1997 in Crime No.34 of 2011 on the file of respondent police.

2. The case of the prosecution is that the accused collected deposit to the tune of Rs.20,00,000/- and refused to repay the amount with interest.

3.Learned counsel for the petitioners submits that on the basis of confession of co-accused, the petitioners have been implicated and they acted as collection agents and their names have not been mentioned in FIR.

4.Learned Government Advocate (Crl. Side) submits that charge sheet has been filed and the same has been taken on file in C.C.No. 5 of 2016 on the file of TANPID Court, Madurai.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

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(b) In the event of appearance before the learned Special Judge, TANPID Court, Madurai, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

(iii) Petitioners shall appear before the concerned court daily at 10.30 a.m for all the future hearings except where their presence is dispensed under Section 317 Cr.P.C.

sd/- 26/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE, TANPID COURT, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT.

+1. CC to M/S.K.Sivabalan, Advocate SR.No.55734 sm:AAL-MPA:SAR III:28/09/2016:2P/5C

ORDER

IN CRL OP(MD) No.18409 of 2016 Date :26/09/2016 https://hcservices.ecourts.gov.in/hcservices/