Kalyani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13756 and 14625 of 2015 1.KALYANI ... PETITIONER/ACCUSED NO.3 (Crl.O.P(MD)13756/2015 2.K.SHANMUGAVEL 3.K.SARAVANAKUMAR ... PETITIONERS/ACCUSED NO.2&5 (Crl.O.P(MD)14625/2015 Vs STATE REP.BY THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING II, MADURAI DISTRICT.

(CRIME NO. 5/2014) ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONER For Petitioner : M/S. V. THIRUMAL Advocate For Respondent : MRS.S.PRABHA, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. The petitioners, who are arrayed as A3, A2 and A5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 120(b) of I.P.C., r/w Section 5 of TNPID Act, 1997(F.E), in Crime No.5 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the accused were running a Finance Company and collected Rs.19 lakhs from 112 depositors, but failed to return the amount with interest.

3.The learned counsel for the petitioners submitted that the first accused is the Managing Director of the Finance Company and the other accused did not actively participate in the alleged commission of offence and they have been roped in merely because they are the Directors of the Company. He further submitted that the prime accused was arrested and released on bail and the petitioners' application can be considered. 4.The learned Government Advocate (Crl.side) vehemently opposed this application contending that A2 to A6 are the Directors of the Company and they have actively participated in the commission of offence and they have cheated the General Public and swindled Rs.19 lakhs. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the submissions of the learned Government Advocate (Crl.side), this Court is not inclined to grant anticipatory bail to the petitioners. Hence, these petitions are dismised. sd/- 11/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING II, MADURAI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13756 and 14625 of 2015 Date :11/08/2015 CSL/IV/SAR-I/14/08/2015 2P/3C https://hcservices.ecourts.gov.in/hcservices/