S.Martin Drake v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.12.2021 PRESENT THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.10819 of 2021 S.Martin Drake ... Petitioner/Accused No.3 Vs.

State Rep.by The Inspector of Police, Economic Offence Wing, Nagercoil.

(Crime No. Not Known of 2021) ... Respondent/Complainant For Petitioner : Mr.C.T.Perumal Advocate.

For Respondent : Mr.SS.Madhavan Government Advocate (Crl. Side) For Intervenor : Mr.M.R.Sreenivasan PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. Not Known of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 IPC, in Crime No. Not Known of 2021, on the file of the respondent police, seeks anticipatory bail. 2.When the matter is taken up for hearing today, the learned Government Advocate (Criminal side) would submit that based upon the earlier complaint, the First Information Report has been registered against the Universal Trading Solution Private Limited, in Crime No.3 of 2019 on the file of the Economic Offence Wing, Coimbatore. When the matter has been seized, series of orders have been passed in the above said matters by the Principal Bench, in fact finding that more than 73,000/- depositors are there, more than 1000 crores are involved in the above said issues, Hon'ble retired Judge has also been appointed as Chairman to workout the possibility of distributing the money.

3.It is submitted by the learned counsel for the petitioner that due to some other reason, the above said committee came to be dissolved.

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4.The learned Government Advocate (Criminal side) would further submit that the de-facto complainant filed a petition before the learned Judicial Magistrate No.I, Padmanabhapuram in Crl.M.P.No.5521 of 2021 seeking to register a case against the petitioner and the same was ordered on 04.09.2021. He would further submit that since the matter has been taken cognizance in the aforesaid crime and investigation is also undergoing in the Economic Offence Wing, Coimbatore and as stated above, the matter has been also seized by the Principal Bench, the respondent is going to transfer, the complaint that has been given by this petitioner to the aforesaid Wing and report was also going to be filed before the learned Judicial Magistrate No.I, Padmanabhapuram as to the action taken in this regard. So, the petitioner as well as the intervenor have to workout their remedy in the aforesaid pending matter through appropriate proceedings.

5.With the above observations, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

sd/- 08/12/2021 / TRUE COPY / / /2021 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 Judicial Magistrate No.I, Padmanabhapuram.

2.Do Through The Chief Judicial Magistrate, Kanyakumari at Nagercoil.

3.The Inspector of Police, Economic Offence Wing, Nagercoil.

4.The Inspector of Police, Economic Offence Wing, Coimbatore.

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

+1. CC to M/S.PERUMAL C T Advocate SR.No.37856 +1. CC to M/S.SREENIVASAN M R Advocate SR.No.9003 ORDER IN CRL OP(MD) No.18548 of 2021 Date :08/12/2021 RS/PN/SAR4(15.12.2021) 3P-8C 3/3