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Madras High CourtCRL OP(MD)/12892/2019dismissed

M/S. Gati Limited v. The Superintendent Of Police

2019-09-18Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN M/s.Gati Limited Having regd Office At Plot No.20, Survey No.12, Kothaguda Kondapur, Hyderabad- 500 084 Rep. by its legal Head(South) S.B.Srikanth ... Petitioner Vs.

The State Rep. by

1. The Superintendent of Police Tuticorin, Tuticorin District

2. The Inspector of Police SIPCOT Police Station, Tuticorin

3. The Tamil Nadu Mercantile Bank Ltd Rep. by its Chairman Having its Corporate Office at No.57, V.E.Road,Tuticorin

4. The Superintendent of Police The Central Bureau of Investigation(CBI) Banking Securities and Fraud Cell No.36, Bellary Road 2nd floor, CBI Complex Bangalore 560 032 ... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to transfer the case in Cr.No.364 of 2017 pending on the file of the 2nd respondent Police to 4th respondent herein, the Central Bureau of Investigation For Petitioner : Mr. J.Ravikumar For Respondents : Mr.K.Suyambulinga Bharathi No.1,2 & 4 Government Advocate(Crl.Side)

O R D E R

This petition has been filed to transfer the case in Cr.No.364 of 2017 pending on the file of the 2nd respondent Police to 4th respondent herein

2. The learned Government Advocate(Crl.Side) would submit 1/3

that the respondent police completed investigation in Crime No. 364 of 2017 and also filed absconding charge sheet as against the accused for offences under Sections 420,465,467,468,472 of IPC before the learned Judicial Magistrate No.III, Thoothukudi and the same has been taken cognizance inC.C. No. 520 of 2019, which is still pending.

3. Further the learned counsel for the petitioner would submit the accused persons approached this Court as well as Honourable Supreme Court of India for anticipatory bail and the same was dismissed the also directed the petitioner to surrender in Crime No. 364 of 2017. Eventhen the second respondent did not take any steps to secure the accused.

4. Therefore, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. However, the petitioner is at liberty to workout the liberty in the manner known to law. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) aav To;

1. The Superintendent of Police Tuticorin, Tuticorin District

2. The Inspector of Police SIPCOT Police Station, Tuticorin

3. The Superintendent of Police The Central Bureau of Investigation(CBI) Banking Securities and Fraud Cell No.36, Bellary Road 2nd floor, CBI Complex Bangalore 560 032 2/3

4. The Additional Public Prosecutor Madurai Bench of Madras High Court.

+1 CC to M/s.J.RAVI KUMAR, Advocate ( SR-87368[F] dated 18/09/2019 ) Crl.O.P(MD).No.12892 of 2019 18.09.2019 KM/(25.09.2019) 3P 6C 3/3