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Santhi v. the Inspector of Police

Madras HC11 Feb 2019CRL OP(MD)/22796/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted bail applications filed for anticipation of arrest in a fraud case involving unreturned deposits from victims. The court imposed strict conditions including an undertaking to deposit the recovered money to victims within a specified timeline and daily police reporting, citing a prior Supreme Court judgment.

What did the court decide?

Petitioners released on bail subject to conditions including depositing Rs. 1.05 crore to victims' credit and daily reporting.

Santhi Vs the Inspector of Police — Cheque Dishonour | Madras HC (2019)

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

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Monday, the Eleventh day of February Two Thousand Nineteen

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PRESENT

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The Hon`ble Mr.Justice M.DHANDAPANI

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CRL OP(MD) No.22796 of 2018 AND CRL OP(MD)NO.721 of 2019

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1 SANTHI 2 BRINDHA ... PETITIONERS / ACCUSED NO.2 AND 3 IN CRL OP(MD)NO.22796 OF 2018

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MANIRAJ @ MANIKANDAN ... PETITIONER / ACCUSED NO.1 IN CRL OP(MD)NO.721 OF 2019

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Vs THE STATE REPRESENTED BY

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THE INSPECTOR OF POLICE, ECONOMICS OFFENCE WING NO. II, TRICHY.

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(IN CRIME NO. 1 OF 2018) ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS

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For Petitioners : Mr.N.RANJITH Advocate (IN BOTH PETITIONS)

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For Respondent : Mr.S.CHANDRASEKAR,Additional Government Advocate (IN BOTH PETITIONS)

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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, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 406, 420, 120 (b) of IPC and Section 5 of the Protection of Interest of Depositors (In financial Establishment) Act, 1997 in Cr.No.1 of 2018 on the file of the respondent police, seek anticipatory bail.

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2.It is the case of the prosecution that the petitioners are running a company in the name and style of WEEIBOO India Enterprises Private Limited and they have issued an advertisement in the Facebook stating that, if any interested person shall deposit the money as loan to the petitioners, they will get attractive benefits and accordingly, 981 victims have deposited the amount, worth about https://hcservices.ecourts.gov.in/hcservices/ Rs.1,52,56,500/- (Rupees One Crore and Fifty Two lakhs and Fifty Six Thousand Five Hundred only). Thereafter, the petitioners did not

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make any payment to the victims, for which, the victims joined together and reported the defacto complainant and the defacto complainant filed a complaint before the respondent police against the petitioners.

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3.The learned counsel for the petitioners would submit that though several cases are pending against the petitioners before the very same police station, in this case, they are ready to deposit the entire amount and initially, they are ready to pay a sum of Rs.1,00,00,000/- (Rupees One Crore only) on or before 04.03.2019. Thereafter, they will deposit the balance amount of Rs.52,56,500/on or before 11.04.2019 to the credit of Crime No.1 of 2018 and the said amount may be disbursed to the victims.

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4.The learned Additional Public Prosecutor appearing for the State would submit that if the petitioners are ready to deposit the said amount, this Court may consider the anticipatory bail applications filed by the petitioners. Thereafter, after making the deposit, this Court may direct the learned Judicial Magistrate No.II, Special Court for TANPID Cases, Madurai, to transfer the said amount to the District Revenue Officer / competent authority, and thereafter, after receiving the said amount, the District Revenue Officer, may disburse the entire amount in favour of the victims after having verified the identity of the victims.

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5.Considering the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioners, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Special Court for TANPID Cases, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction 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:

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( a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioners shall not abscond either during https://hcservices.ecourts.gov.in/hcservices/ investigation or trial;

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(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560];

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(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC; and ;

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(g) the petitioners are directed to pay a sum of Rs.1,00,00,000/- (Rupees One Crore only) on or before 04.03.2019 to the credit of Crime No.1 of 2018 and thereafter, they are further directed to deposit the balance amount of Rs.52,56,500/- on or before 11.04.2019 to the credit of Crime No.1 of 2018 and after receiving the entire amount, the learned judicial Magistrate No.II, Special Court for TANPID Cases, Madurai is directed to transfer the said amount to the District Revenue Officer, Trichy, / competent person and after receiving the same, the District Revenue Officer, Trichy, / competent person, is directed to disburse the entire amount in favour of the 981 victims after having verified the identity of the victims and further the petitioners are directed to furnish the list of victims to the District Revenue Officer / competent person enable him to verify;

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sd/11/02/2019 / TRUE COPY /

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Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,

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Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO-II, SPECIAL COURT FOR TANPID CASES, MADURAI.

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2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE INSPECTOR OF POLICE, ECONOMICS OFFENCE WING NO. II, TRICHY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO

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THE DISTRICT REVENUE OFFICER, TRICHY.

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+2. CC to Mr.N.RANJITH Advocate SR.No.3011,3012 PS/JC/SAR-3/20.02.2019/3P/8C

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ORDER

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IN CRL OP(MD) No.22796 of 2018 AND https://hcservices.ecourts.gov.in/hcservices/ CRL OP(MD) No.721 of 2019 Date :11/02/2019

Santhi v. the Inspector of Police

Case brief

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Santhi v. the Inspector of Police

Case brief

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What did the court decide?

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