1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11793 of 2011 1.T.KANDASAMY 2.K.SETHU SUBRAMANI 3.R.SELVARAJ 4.T.KANNAN 5.S.MALLISHWARAN 6.M.MUTHU @ MUTHUSAMY ... PETITIONERS/ACCUSED Vs THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION KARUR DISTRICT CRIME NO.1046/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SHANMUGARAJA SETHUPATHI Advocate For Respondent : MR. A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 41(1) r/w 102 of Cr.P.C in Crime NO.1046 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 to A7 in Crime No.1046 of 2011 under Section 41(1) r/w 102 of Cr.P.C and subsequently, it was altered to Section 65 of City Police Act. He further submitted that on 31.08.2011 at 1.30 p.m., the Inspector of Police, Karur Police Station received on anonymous phone call whereby he was informed that illegal activities are being done at the place where the petitioner was running business in the name of Ponmagal Auto Finance and then they have gone there and A1 was found in possession of Rs.46,60,198/0 and then the case has been registered and A1 was arrested and released on bail. The petitioners herein are the partners of the Finance Company. He further submitted that the amount is belonging to them https://hcservices.ecourts.gov.in/hcservices/ 2 because they are doing the finance business. Now they received the notice from the Income Tax Department and then the Income Tax Department has taken action and seized all the documents and they apprehend for arrest and hence he come forward with this application and he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.side) submitted that the respondent has received anonymous call and he gone there and seized the amount of Rs.46,60,198 from the Accountant of Ponmagal Auto Finance/A1 and now the amount was deposited in the court and investigation is in initial stage and he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, the alleged occurrence has been taken place on 31.08.2011 and it is an admitted case that on the basis of anonymous call received by the respondent and he has gone there and seized Rs.46,60,198/- from A1, who is the Accountant of the Ponmagal Auto Finance. As per the learned counsel for the petitioner, all the account books have been seized by the Income Tax Department. Since the case has been registered under Section 41(1) r/w 102 of Cr.P.C., I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Karur and each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. 6.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 stands dismissed. sd/- 13/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ 3 TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR 2 THE CHIEF JUDICIAL MAGISTRATE KARUR 3 THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION KARUR DISTRICT 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.D.SHANMUGARAJA SETHUPATHI Advocate SR.No.31211 ORDER IN CRL OP(MD) No.11793 of 2011 Date :13/09/2011 TR : 15.09.2011: 3p/6c https://hcservices.ecourts.gov.in/hcservices/