Madras High CourtCRL OP(MD)/14704/2018ordered

Anilkumar v. The Inspector Of Police

2018-08-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14704 of 2018 Anilkumar ... Petitioner/Petitioner Vs.

The State of Tamil Nadu Represented by the Inspector of Police Economic Offence Wing-II Nagercoil Kanyakumari District.

(Crime No.1/2017)

...Respondent/Respondent

Prayer: This Criminal Original Petition filed under Section 439(1) (b) of Cr.P.C. to modify the condition Nos. 2and 3 imposed in Crl.M.P.No.720 of 2018 dated 27.02.2018 on the file of the learned Special Court under the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997, Madurai. For Petitioner : Mr.K.K.Vijayan For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to modify the condition Nos. 2 and 3 imposed in Crl.M.P.No.720 of 2018 dated 27.02.2018 on the file of the learned Special Court under the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997, Madurai.

2.The petitioner/accused in Crime No. 1 of 2017 on the file of the Inspector of Police, Economic Offence Wing-II, Nagercoil, Kanyakumari District was enlarged on statutory bail on condition that he should deposit a sum of Rs.5,00,000/-. But, the petitioner has deposited only a sum of Rs.3,00,000/-. The other women directors of the accused finance company were granted anticipatory bail by this Court. While granting anticipatory bail, this Court directed all the accused persons to disclose their properties owned by them. So that, the properties can be sold out on sale proceedings and the same can be distributed to the depositors, since the properties of the petitioner and other accused persons have been identified to the worth of Rs.375 crores.

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3.In view of the above, this Court is inclined to modify the condition imposed by the Court below. Accordingly, the condition imposed by the learned Special Judge under the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997, Madurai in Crl.M.P.No.720 of 2018 dated 27.02.2018 is modified as prayed for. The amount already deposited by the petitioner to credit of crime number remains be there.

4.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Special Judge under the Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997, Madurai.

2. The Inspector of Police Economic Offence Wing-II Nagercoil Kanyakumari District

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

+1cc to M/S.K.K.Vijayan, Advocate SR.No. 79588 Crl.O.P.(MD)No.14704 of 2018 21.08.2018 msa JM/RSK/SAR 2/05.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/