BAIL SLIP Crl.A.No.1058/2003 The Appellants/Accused 3 & 4 viz., V.Narayanamoorthy, S/o. K.Venkatachalam (A3) and V.Uvaraj, S/o. K.Venkatachalam (A4), were directed to be released on Bail as per order of this Court dated 22.7.2003 made in Crl.M.P.No.6298/2003 in Crl.A.No.1058/2003 on the file of this court. BAIL SLIP Crl.A.No.1059/2003 The Appellants/Accused 5 to 8 viz., 1. T.K.Kuppusamy, S/o. Krishnasamy Mudaliar (A5), 2. V.Vivekanandan, S/o. K.Venkatachalam (A6), 3. T.K.Ramasamy, S/o. Krishnasamy (A7), (4) Dhandapani, S/o. M.Muthuvadivelu (A8), were directed to be released on Bail as per order of this Court dated 22.7.2003 made in Crl.M.P.No.6299/2003 in Crl.A.No.1059/2003 on the file of this court. BAIL SLIP Crl.A.No.1371/2003 The Appellants/Accused 1 & 2 viz., 1. Andavar Finance Company, No.65, Municipal Office Street, Tiruppur, Coimbatore District, rep. by Accused No.2, V.Ramachandran (A1), 2. V.Ramachandran, S/o. Venkatachalam (A2) were directed to be released on Bail as per order of this Court dated 21.1.2004 made in Crl.M.P.No.42/2004 in Crl.A.No.1371/2003 on the file of this court. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2010 Coram: THE HONOURABLE MS. JUSTICE R.MALA Crl. A. Nos. 1058, 1059 and 1371 of 2003 1.V.Narayanamoorthy 2.V.Uvaraj .. Appellants in Crl.A.No.1058 of 2003/ 3. Accused 3 & 4 1.T.K.Kuppusamy 2.V.Vivekanandan 3.T.K.Ramasamy https://hcservices.ecourts.gov.in/hcservices/ 4.Dhandapani .. Appellants in Crl. A. No.1059 of 2003/ Accused 5 to 8 1. Andavar Finance Company No.65, Municipal Office salai Rep. by V.Ramachandran. 2. V.Ramachandran .. Appellants in Crl. A. No.1371 of 2003/ Accused 1 & 2 vs. State by Inspector of Police E.O.W. II, Coimbatore District. Crime No. 4/1999 .. Respondent in all Crl. A. Nos./ Complainant Prayer in both Crl. A. Nos. 1058 and 1059 of 2003: Criminal Appeals are filed under Section 374(2) Cr.P.C., read with Section 11 of TNPID Act, praying against the Judgment of the learned Special Court under TNPID Act, Chennai 104 in C.C. No. 29 of 2001 dated 03.07.2003. Prayer in Crl. A. No. 1371 of 2003 : Criminal Appeal filed under Section 374 Cr.P.C. praying against the conviction and sentence imposed on them by the learned Special Judge/ Special Court under TNPID Act, Chennai made in C.C. No. 29 of 2001 dated 03.07.2003, convicting the appellant under Section 5 of the said Act and sentencing the first appellant to pay fine of Rs.60,000/- and convicted the second appellant to undergo rigorous imprisonment for 6 years and to pay a fine of Rs.60,000/- in default sentenced to undergo simple imprisonment for 6 months. For Appellants : Mr. R. Sreerangan For Respondent : Mr. I. Paul Noble Devakumar Govt. Advocate (Crl. Side) J U D G M E N T Today, both the counsels are present. The learned counsel for the appellants would submit that the amount due to the depositors has been already paid and discharged. Hence, prayed for allowing the appeals for compounding the offence under the special enactment. 2. The learned public prosecutor has filed the counter which was signed by the respondent stating that no objection to allow these appeals. https://hcservices.ecourts.gov.in/hcservices/ 3. Considering the arguments advanced by both counsels as well as counter affidavit and unreported decision in Crl.A.Nos.168 & 162/ 2004,since the appellants have paid the amount due to the depositors, it is seen that Section 5A of Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, empowers the competent authority to compound the offence punishable under Section 5 of the Act, if it is satisfied that the entire amount due to the depositors have been paid. In this case, with the permission of the Court, it is reported that the offence has been compounded and therefore, taking the said fact into account, the appellants have to be discharged. 4. Hence, the appeals stand allowed and the appellants stand discharged. Consequently, the Trial Court is directed to refund the fine amount of Rs.4,80,000/- to the second appellant made in C.C. No. 29 of 2001 on the file of Special Court under TNPID Act, Chennai. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. kj To 1.The Special Judge/Special Court TNPID Act, Chennai. 2. The Inspector of Police E.O.W. II, Coimbatore. 3. The Superintendent, Central Prison, Vellore 4. The Public Prosecutor, High Court, Madras. 8 cc to Mr.R.Sreerangan, Advocate, Sr 10100 Crl. A. Nos. 1058, 1059 and 1371 of 2003 CK (CO) RH (23.2.10) https://hcservices.ecourts.gov.in/hcservices/