G.N.Sundarapandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.12283 of 2023 1 G.N.SUNDARAPANDIAN 2 S.ELAVARMAN ... PETITIONERS/PETITIONERS/ACCUSED NOS. 1 & 2 Vs THE INSPECTOR OF POLICE NOW TRANSFERRED TO DISTRICT CRIME BRANCH, THANJAVUR, EARLIER INVESTIGATED BY INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.
(CRIME NO. 109/2023) ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition in Para 16 of the order dated 27.09.2023 in Crl.OP(MD)No.12283/2023 petitioners are directed to produce the title documents for the remaining amount of Rs.35,50,00,000/- to petitioners are directed to produce title documents for a sum of Rs. 21,00,00,000/- (Twenty one crores only).
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Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.P.DIVAKAR, Advocate for the petitioner and of MR.P.KOTTAICHAMY, Government Advocate (Criminal Side) on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to modify the condition in paragraph No.16 of the order dated 27.09.2023 passed in Crl.O.P(MD).No.12283 of 2023 imposed by this Court on the petitioners.
2. The case of the prosecution is that the defacto complainant and her husband are running a Tiles Showroom called Shri Krina Tiles. On 15.06.2022, the employees of Ashokan Thangamaligai approached and informed them about Gold savings and Gold Chit schemes with attractive returns. They have also joined in the above said Scheme and paid a sum of Rs.45,300/-. On 13.01.2023, the employees of the above said Jewelry Shop failed to collect the scheme amount. Hence, the defacto complainant and her husband visited the shop. But the shop was closed and some people like her, lost their money invested. Based upon the complaint given by the defacto complainant, a case in Crime No.109 of 2023 for the offence punishable under Sections 406 and 420 IPC.
3. The learned counsel appearing for the petitioners submits that this Court, vide order dated 27.09.2023, has granted anticipatory bail in Crl.O.P(MD).No.12283 of 2/5
2023 to the petitioners on condition that the petitioners shall produce the title documents for the amount of Rs.35,50,00,000/- along with valuation report within a month from the date of receipt of a copy of the order. Aggrieved by the same, the present Petition has been filed seeking modification of the said condition.
4. The petitioners have cheated the victims to the tune of more than Rs.37,00,00,000/- and nearly 37,000 complaints have been filed against the petitioners so far. After considering the amount involved in this case and the factual aspects, this Court, while granting anticipatory bail to the petitioners, has imposed a condition on the petitioners that the petitioners shall produce the title documents for the amount of Rs.35,50,00,000/- along with valuation report within a month from the date of receipt of a copy of the order, which is not an onerous condition and need not be interfered with by this Court. Hence, this Court is not inclined to modify the condition imposed by this Court on the petitioners.
5. Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 08/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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SJI TO THE JUDICIAL MAGISTRATE, PATTUKOTTAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE INSPECTOR OF POLICE NOW TRANSFERRED TO DISTRICT CRIME BRANCH, THANJAVUR, THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT THE ADDITIONAL DIRECTOR GENERAL OF POLICE, ECONOMIC OFFENCES WING, CHENNAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.P.DIVAKAR, Advocate ( SR-3052[I] dated 12/03/2024 )
ORDER
IN IN CRL OP(MD) No.12283 of 2023 Date :08/03/2024 PKP/GS/SAR /01.04.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5