K. Sathakkathullah v. The Special Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR K.SATHAKKATHULLAH ... PETITIONER/ACCUSED RANK NOT KNOWN VS

1. THE SPECIAL SUPERINTENDENT OF POLICE, NODAL OFFICER, CRIME BRANCH CID, ASSAM, GUWAHATI, ASSAM.

2. THE INSPECTOR OF POLICE, CID, CRIME BRANCH POLICE STATION, GUWAHATI, ASSAM STATE.

(CRIME NO. 13 OF 2021).

3. THE SUB INSPECTOR OF POLICE, ARIMALAM POLICE STATION, PUDUKOTTAI DISTRICT.

... RESPONDENTS/COMPLAINANTS For Petitioner : M/s. Chandrasekar.S., Advocate.

For Respondent No.3 : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.13 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner is apprehending arrest for the alleged offence under Sections 120(B), 420, 406, 409 I.P.C., r/w Section 66(D) of Information Technologies Act, in Crime No.13 of 2021 on the file of the second respondent police and therefore, sought for grant of Inter-State Anticipatory Bail.

2. The case of the prosecution is that on 10.11.2021, a sum of Rs.1,16,00,000/- has been credited in the account of M/s Viscose Exports and Imports account by means of 13 banking transaction and the entire banking transaction has been done through one N.Rafiur Rahman, who is the relative to the petitioner. Later it came to know that the amount credited in the petitioner's account is a suspicious and fraudulent transaction and the same is belonging to the Government of Assam. Hence, the present complaint. 1/3

3. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He prays for grant of interim anticipatory bail for a limited period, so as to enable the petitioner to approach the jurisdictional Court to get regular bail.

4. A Division Bench of this Court in the decision reported in 1992 LW (Crl) 475, [S.P.Shanthi Swaroop and Others v. State of Tamil Nadu], after considering several judgments delivered by various High Courts, has held that in respect of persons, who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if their arrest is sought within the jurisdiction of this Court, irrespective of the fact that they are residents of the place over which this Court was having jurisdiction, this Court can grant them Anticipatory Bail for a limited period and direct the concerned persons to move the Court, which is having regular jurisdiction over the matter in the meantime. The relevant portion in the said judgment reads as follows:

"The High Court or the Court of Session has got power under Section 438, Cr.P.C., to grant Anticipatory Bail irrespective of the local ....of the commission of the offence. In other words, in respect of persons, who have been accused of a non-bailable offence committed beyond the territorial jurisdiction of the State of Tamil Nadu, if their arrest is sought within the jurisdiction of this Court irrespective of the fact that they are residents of the place over Anticipatory Bail. However, we wish to observe that while granting Anticipatory Bail, this Court has to restrict the relief for a limited period and to direct that concerned persons to move the Court which is having jurisdiction over the matter in the meantime and also impose such condition so as to make the Petitioners available for interrogation by the concerned Police in the meantime."

5. Considering the facts and circumstances of the case and in view of the decision referred to supra, without expressing any opinion with regard to the merits of the case, this Court is inclined to grant Inter-State Anticipatory Bail to the petitioner, enabling him to move the concerned Court of jurisdiction for Anticipatory Bail.

6. Accordingly, Anticipatory Bail is granted to the petitioner for a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to be enlarged on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thirumayam, on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction 2/3

of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that within the said period of four weeks, the petitioner shall appear before the concerned Court of jurisdiction and move for Anticipatory Bail before the said Court.

7. In the result, this criminal original petition is ordered in the above terms.

sd/- 02/12/2021 / 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, THIRUMAYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE SPECIAL SUPERINTENDENT OF POLICE, NODAL OFFICER, CRIME BRANCH CID, ASSAM, GUWAHATI, ASSAM.

4. THE INSPECTOR OF POLICE, CID, CRIME BRANCH POLICE STATION, GUWAHATI, ASSAM STATE.

5. THE SUB INSPECTOR OF POLICE, ARIMALAM POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.S.CHANDRASEKAR, Advocate (SR-8804[I] dated 03/12/2021) ORDER IN CRL OP(MD) No.19048 of 2021 Date :02/12/2021 USK/PN/SAR-IV/(06.12.2021) 3P-8C 3/3