Madras High CourtCRL OP(MD)/23269/2022disposed of

G.Vivek v. The Inspector Of Police

2023-03-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN and CRL MP(MD) No.3998 of 2023 1 G.VIVEK 2 GUNASEKARAN 3 THANGARASU 4 POOMATHI 5 P.MURUGAN 6 M.SURESH 7 T.VALARMATHI 8 P.PERIYASAMY 9 G.THENMOZHI 10 SURESH 11 SATHEESHVARAN 12 KANAGARAJ 13 GOWTHAMAN 14 SELVARAJ 15 PALANISAMY ... Petitioners / Accused Rank not known Vs 1 STATE REP BY THE INSPECTOR OF POLICE ECONOMIC OFFENCE WING II, KARUR DISTRICT.

(CRIME NO.NOT KNOWN OF 2022) ... Respondent / Complainant 2.T.SELVARAJ @ N.T.SELVAM ... Petitioner / Intervener / Defacto Complainant in CRL MP(MD) No.3998 of 2023 For Petitioner : MS/. MATHIYALAGAN.R Advocate For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate ( Crl. Side) For Intervener :

Mr.V.NAGARAJAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. 1/3

PRAYER:

FOR ANTICIPATORY BAIL IN CR NO.NOT KNOWN OF 2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 406 and 420 of IPC r/w Section 5 of the Tamil Nadu Protection of Interest of Depositors Act, 1997 in Crime.No.Not known of 2022, seek anticipatory bail.

2.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl. side) appearing for the respondent Police submitted that petition enquiry against the petitioners is pending. 3.Heard the learned counsel for the petitioners, the learned Government Advocate (Crl. side) for the respondent and the learned counsel appearing for the intervenor.

4.Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are directed to appear before the respondent police and the Investigating Officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is made out against the petitioners, register the F.I.R or close the petition enquiry within a period of two weeks from the date of receipt of a copy of this order. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall not take any coercive steps to secure the accused till the completion of enquiry on the complaint lodged by the defacto complainant.

5. With the above directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

sd/- 14/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Inspector of Police, Economic Offence Wing-II, Karur District.

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

ORDER

IN and CRL MP(MD) No.3998 of 2023 Date :14/03/2023 ED/SBN/SAR-3 (28/03/2023) 3P 3C 3/3