Ponrajendran v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.2239 of 2016 1.Ponrajendran 2.A.M.Raja 3.M.Arokiyasamy 4.A.Nagaraj 5.U.Kadhar 6.V.Narayasamy 7.B.Ganesapandian 8.M.Sangaralingam 9.S.Pattamuthu 10.V.Rajasekaran 11.J.R.Manikandan 12.K.Subramanian 13.K.Tamil Selvi 14.MU.Alagappan 15.KR.Thirunavukarasu 16.P.A.Sakthivel 17.R.Thirupathy 18.S.Periyanayaki 19.E.Rameshbabu 20.M.Thirunanthaiyan 21.R.Charles 22.R.Suresh 23.I.Victor Arokiyam 24.U.Kumaresan 25.S.Satheeshkumar .. Petitioners -Vs1.The Deputy Superintendent of Police, E.O.W, Madurai District.

(Crime No.9 of 2015) 2.Amandeepsinghsran .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to issue direction to the 1st respondent to take steps to produce the 2nd respondent from the Chhattisgarh Prison to the TANPID Court, Madurai relating to Crime No.9 of 2015, dated 04.11.2015 registered by the 1st respondent for investigation and recovery of deposited amount deposited by the

Tamil Nadu Deposit holders.

For Petitioners : Mr.M.Kalamurugappan For Respondents : Mr.K.Suyambulinga Bharathi for R1 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioners for a direction to the first respondent police to take steps to produce the second respondent before the TANPID Court, Madurai, relating to the Crime No.9 of 2015. 2.The learned counsel for the petitioners would submit that the second respondent is involved in a serious cheating case involving in thousands of innocent depositors who have deposited nearly to the tune of Rupees Three Hundred Crores. The learned counsel would further submit that the second respondent is involved in several offences throughout the country and he is presently confined at Raypur Central Prison at Chattisgarh. Since the second respondent has not been produced before this Court, there has been absolutely no progress in the investigation made by the first respondent.

3.The learned Government Advocate on instructions would submit that the first respondent approached the concerned TANPID Court, Madurai and has also taken PT warrant in order to effect the arrest of the second respondent. The first respondent has also taken the PT warrant to the Central Prison, Raypur and sought for the custody of the second respondent. Inspite of receiving the PT warrant, it is reported that the custody was not given.

4.There shall be a direction to the first respondent to file an appropriate petition before the concerned Court at Raypur which had remanded the second respondent in prison. It should be brought to the notice of the concerned Court, Raypur, about the pending cases at Madurai and the PT warrant issued by the Special Court in order to effect the arrest of the second respondent who is the main accused in the case pending on the file of the first respondent. Only on informing the concerned Court at Raypur, the first respondent can effect the arrest of the second respondent at Raypur Central Prison. This exercise shall be done by the first respondent forthwith and the entire process of effecting the arrest through PT warrant shall be completed within a period of two months from the date of receipt of a copy of this order. The first respondent shall produce the order of this Court before the Concerned Court at Raypur, in order to expediate the process.

5.Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Deputy Superintendent of Police, E.O.W, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC To MR.R.MURUGAPPAN, Advocate SR. NO. 83392 CRL.O.P.(MD)No.2239 of 2016 TR/RP/SAR-I(10.10.2018)3P 4C