Madras High CourtCRL OP(MD)/6343/2016dismissed

P. Abranantam v. The Deputy Superintendent Of

2016-04-29Honourable Mr Justice G. Chockalingam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) Nos.6343 and 5393 of 2016 P.ABRANANTAM ... PETITIONER/ ACCUSED No.9 in Crl OP(MD)No.6343 of 2016 1 A. ANTHONY JAMES 2 A. DE SOSA SWIKLIN RAJA 3 A. HENRY JOSEPH 4 A. RADIX FERNAN 6 PUTHUMAI JEGADESAN 7 ANGEL RANI ... PETITIONERS/ACCUSED RANK NO.2 TO 8 IN CRL OP(MD). 5393/ 2016 G.RAMKUMAR ...INTERVENER IN CRL MP(MD)No.3049 of 2016 in CRL OP(MD)No.5393 of 2016 K.P.RADHA ...INTERVENER IN CRL MP(MD)No.3268 of 2016 in CRL OP(MD)No.5393 of 2016 1.R.SATHEESH KANNAN 2.M.S.M.PARAMESWARAN, ...INTERVENER IN CRL MP(MD)No.3269 of 2016 in CRL OP(MD)No.5393 of 2016 S.SHIYAMALA ...INTERVENER IN CRL MP(MD)No.3590 of 2016 in CRL OP(MD)No.5393 of 2016 Vs 1 THE STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 1 OF 2016) ... RESPONDENT/ COMPLAINANT in Crl OP(MD)No.6343 of 2016 2 THE STATE REP.BY THE INSPECOR OF POLICE E.O.W. II POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 1 OF 2016) ... RESPONDENT/ COMPLAINANT in Crl OP(MD)No.5393 of 2016 For Petitioner : M/S S.PALANI VELAYUTHAM Advocate in Crl OP(MD)No.6343 of 2016 For Petitioner : M/S R.PRABU RAMACHANDRAN,Advocate in Crl OP(MD)No.5393 of 2016

For Respondent : Govt. Advocate ( Crl. Side) BOTH THE CASES For Intervener : M/S.D.FARJANA GHOUSHIA,Advocate IN CRL MP(MD)No.3049 of 2016 in CRL OP(MD)No.5393 of 2016 For Intervener : M/S.K.MUTHUMALAI,Advocate IN CRL MP(MD)No.3268 of 2016 in CRL OP(MD)No.5393 of 2016 For Intervener : M/S.B.N.RAJAMOHAMED,Advocate IN CRL MP(MD)No.3269 of 2016 in CRL OP(MD)No.5393 of 2016 For Intervener : M/S.M.KRISHNAMOORTHY,Advocate IN CRL MP(MD)No.3590 of 2016 in CRL OP(MD)No.5393 of 2016 PETITION FOR BAIL Under Sec. 439 Cr.P.C.

and PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in Crl.O.P(MD)No.6343 of 2016, who is arrayed as A9 was arrested and remanded to judicial custody on 17.03.2016 and the petitioners in in Crl.O.P(MD)No.5393 of 2016, who are arrayed as A2 to A8 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 120(b) of IPC r/w. Section 5 of TNPID Act, in Crime No.1 of 2016 on the file of the respondent police and hence, seek bail and anticipatory bail respectively.

2.The case of the prosecution is that one Crown Agro India Limited had collected and mobilized funds in the form of fixed deposits from the general public and subsequently, they failed to repay the amount with interest.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are not committed any offence as alleged by the prosecution. It is further submitted that the petitioners/A2 to 9 are the collecting agents of the said company and they have been falsely implicated in this case. 4.The learned counsel appearing for the intervener has submitted that all the accused had swindled money of several crores from the public and that A1 issued a notice in the name of the company in a newspaper published in Virudhunagar District stating that the company is taking steps to return the amount collected from the public, but no steps were taken to return the amount and hence, prayed for the dismissal of the petitions.

5.The learned Government Advocate (Criminal side) appearing for the respondent has submitted that the investigation is at the initial stage and huge amount was involved in this case and so far, no amount was recovered and hence, he prayed for the dismissal of the petitions.

6.Considering the above facts and circumstances of the case, this court is not inclined to grant bail and anticipatory bail to the petitioners. Hence, both petitions are dismissed. sd/- 29/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

2 THE INSPECOR OF POLICE E.O.W. II POLICE STATION, VIRUDHUNAGAR DISTRICT. 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUPERINTENDENT CENTRAL PRISON, CENTRAL JAIL, MADURAI.

RG.JGB-SS/SAR-I 09/05/2016 3P.5C

ORDER

IN CRL OP(MD) Nos.6343 and 5393 of 2016 Date :29/04/2016