Allowed

T.Amuthan v. the Deputy Superintendent of

Madras HC16 Apr 2018CRL OP(MD)/4357/2018

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to petitioners facing charges under IPC Sections 420 and 409. The court noted no FIR was registered and liability was admitted. Bail was subject to appearing before authorities and complying with TNPID Act attachment conditions.

What did the court decide?

Petitioners released on bail upon executing a bond of Rs. 10,000 with two sureties each, subject to appearance for interrogation and compliance with TNPID Act conditions.

T.Amuthan Vs the Deputy Superintendent of — Anticipatory Bail | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Monday, the Sixteenth day of April Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr.Justice G.R.SWAMINATHAN

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CRL OP(MD) No.4357 of 2018

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1 T.AMUTHAN

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2 THANGASAMY

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3 T.SIVAKAMI

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4 T.SUNDARI 5 T.ARAVINTH ... PETITIONERS / ACCUSED Rank Not Known

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THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCE WING-II, NAGERCOIL ... RESPONDENT CRIME No. NOT KNOWN OF 2018

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For Petitioners : Mr.C.T.PERUMAL Advocate

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For Respondent :Mr.A.ROBINSON, Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners are apprehending arrest at the hands of the respondent police for the offences punishable under Sections 420 and 409 of IPC and seek anticipatory bail.

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2.As of now, no FIR has been registered against the petitioners. The case of the petitioners is that they were running financial establishment earlier and that they were slapped with criminal prosecution and that the said proceedings have since been ended in acquittal. Thereafter, the present petition has been filed. It is seen that there are three claimants namely, Bagavathiammal, Rathanambiga and Mariyammal. It seems that the amount involved is to the tune of Rs.11,00,000/- (Rupees Eleven Lakhs Only).

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3.The learned counsel appearing for the petitioner today filed an affidavit before this Court admitting the liability of the financial establishment towards the said three persons. It is also https://hcservices.ecourts.gov.in/hcservices/ further submitted that the claim would be duly settled. This aspect of the matter will be taken noted by the Special Court as well as

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the competent authority, when the plea for raising attachment is made. It is made clear that the scheme set out in the Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, will be scrupulously followed by the competent authority as well as the Special Court, while considering the plea for raising of attachment.

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4.Recording the undertaking given by the petitioner, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Judge, TNPID Act, Madurai and on them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with common two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

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sd/-

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16/04/2018

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Sub-Assistant Registrar (C.S.)

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