S.Revathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). Nos.7726, 7742 & 7747 of 2020 S.Revathi ... Petitioner/Accused No.5 in Crl.O.P.(MD) No.7726/2020 1.N.Ravikumar 2.Kalidasan ...Petitioner/Accused No.9 & 13 in Crl.OP(MD) No.7742/2020 K.Radha ... Petitioner/Accused No.15 in Crl.OP(MD) No.7747 of 2020 Vs The State rep.by The Inspector of Police, Economic Offence Wing - II, Karur District.
Crime No.01 of 2020 ... Respondent/Complainant in All Petitions For Petitioners : Mr.V.Nagarajan, Advocate in All Petitions For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) in All Petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No. 1 of 2020 on the file of the respondent police.
COMMON ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 406, 420, 120(B) of I.P.C. and Section 5 of TNPID Act 1997, in Crime No.1 of 2020, on the file of the respondent police, seek anticipatory bail.
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2.The case of the prosecution is that A2 and A3 in this case claiming themselves as the partners of Sree Nithi Capitals collected deposits from various depositors to the tune of Rs.3 Crores and failed to repay the same. Hence the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are only a sleeping partners. He would also submit that the petitioners are innocent and they have nothing to do with the alleged offence. The learned counsel for the petitioners on instructions further submit that without prejudice to their rights, the petitioners are ready to deposit a sum of Rs.5,00,000/- (Rupees Five lakhs).
5. The learned Government Advocate (Crl. Side) submitted that the petitioners are also a active partner and they have collected money from various depositors. He would also submit that co-accused in this case was granted bail by this Court.
6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that co-accused in this case was granted anticipatory bail by this Court with a condition to deposit Rs.5,00,000/- (Rupees Five Lakhs only) in Crl.O.P.(MD) Nos.6010 and 7144 of 2020, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the Special Judge for TNPID Act, Madurai on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners are directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each to the credit of Crime No.1 of 2020 in the Special Court for TANPID Act, Madurai within a period of four weeks from the date of receipt of a copy of this order;
(c)the petitioners shall report before the respondent police daily at 05.00 p.m for a period of two weeks and thereafter as and when required for interrogation.
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(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 29/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE SPECIAL JUDGE FOR TNPID ACT, MADURAI.
2.THE INSPECTOR OF POLICE, ECONOMIC OFFENCE WING - II, KARUR DISTRICT.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+3. CC to M/S.V.NAGARAJAN Advocate SR.Nos.5835 to 5837 ORDER IN CRL OP(MD). Nos.7726, 7742 & Date :29/07/2020 KSA TK/VR/SAR.3/31.07.2020/3P/7C 3/3