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Vijay Mohan v. the Inspector of Police

Madras HC20 Jun 2018CRL OP(MD)/6213/2018

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court granted anticipatory bail to petitioners facing charges under Sections 406, 420, 120-B IPC and Section 5 TNPID Act. The court directed government authorities to attach and sell the petitioners' deposited property within six months to settle depositor dues, imposing strict conditions on the petitioners to cooperate with the process.

What did the court decide?

Granted anticipatory bail conditioned on property attachment, sale within six months, and appearance before authorities; Rs.10,000 bond required.

Vijay Mohan Vs the Inspector of Police — Cheque Dishonour | Madras HC (2018)

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

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Wednesday, the Twentieth day of June 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.6213 of 2018

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1 VIJAY MOHAN 2 RAVICHANDRAN ... PETITIONERS/ACCUSED No.2 & 4

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THE STATE REP.BY,

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THE INSPECTOR OF POLICE, EOW-II, MADURAI,

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CRIME NO.5/2018 ... RESPONDENT/COMPLAINANT

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For Petitioners : MR.R.GANDHI, Advocate

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For Respondent : MR.A.ROBINSON, Government 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 apprehend arrest at the hands of the respondent Police for the offences under Sections 406, 420, 120-B of I.P.C. r/w Section 5 of TNPID Act of 1997 in Crime No.5 of 2018.

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2 .Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

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3 .The liability of the financial Establishment, which the petitioners was running, is around Rs.48,00,000/-. The petitioners have deposited a original title deed of the property, to the Investigating Officer. It is admitted on both side counsel, the value of the property is around Rs.17,00,000/-.

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4 .According to the petitioners market value would be around Rs.80,00,000/-.

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5. The said property shall be speedily sold by the competent authority so that the depositors shall be given their dues.

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https://hcservices.ecourts.gov.in/hcservices/ 6 .The Home Department is directed to issue Government Order attaching the property within a period of four weeks from the date of receipt of a copy of this order.

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7. The learned counsel appearing for the petitioners on instructions undertakes that they will not put any spokes in the wheel. The attachment process will only be a formality and the competent authority is directed to effect the sale within a period of six months after issuance of the Government Order. It is expected that the depositors will be paid their dues within a period of nine months from today.

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8 .Taking note of the undertaking given by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. If the petitioners obstruct the process of sale and settlement, it is open to the Prosecution to apply for cancellation of the anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Court for TNPID, Madurai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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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9 .The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/-

20/06/2018

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE JUDGE, SPECIAL COURT FOR TNPID, MADURAI

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2 THE INSPECTOR OF POLICE, EOW-II, MADURAI.

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3 THE ADDITIONAL PUBLIC PROSECUTOR

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to MR.R.GANDHI, Advocate SR.No.11144

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ORDER IN

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CRL OP(MD) No.6213 of 2018 Date :20/06/2018

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https://hcservices.ecourts.gov.in/hcservices/ PK/RR/VK/27.06.2018 : 2P/5C

Vijay Mohan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Vijay Mohan v. the Inspector of Police

Case brief

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What did the court decide?

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