M.Jenit Anitha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.6270 of 2017 M.JENIT ANITHA ... PETITIONER / ACCUSED NO.4 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING, TIRUNELVELI.

CRIME NO. 3 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.ANAND 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, who has arrayed as A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 406, 420 and 120(B) IPC and Section 5 of the Tamil Nadu Protection of Interest of the Depositors Act, 1997, in Crime No.3 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the other accused were running a company in the name and style of 'Unique Consulting and Trading Company (P) Limited' and they collected deposits from the public, but failed to repay on maturity. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Criminal Side) submitted that the petitioner is one of the partners of the company and she also actively participated in the business and huge amount was involved in this case and hence, he strongly opposed to grant anticipatory bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Special District and Sessions Judge for TNPID Act Cases, Madurai and on executing the sureties each for a like sum to the satisfaction of the learned Judge concerned or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioner shall deposit a sum of Rs.1lakh [Rupees One lakh only] to the credit of Crime No.3 of 2014 before the trial court, within a period of four weeks from the date of receipt of the order copy and on further condition that: [a]the petitioner shall report before the respondent police as and when required.

[b]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioner shall not abscond either during investigation or trial.

[d]on breach of any of the aforesaid conditions, the learned Judge/ 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 learned Judge/ Trial Court himself/ itself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala (2005 AIR SCW 5560). sd/- 25/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL DISTRICT AND SESSIONS JUDGE FOR TANPID ACT CASES, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING, TIRUNELVELI.

+1. CC to M/S R.ANAND Advocate SR.No.22961

ORDER

IN CRL OP(MD) No.6270 of 2017 Date :25/05/2017 https://hcservices.ecourts.gov.in/hcservices/ SVA/MSA/29.05.2017/SAR4/2P/5C