1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Monday, the Eighth day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD)No.9388 of 2011 1 V. PARATHESI REDDIAR 2 MANI @ SURIYA PRABHA 3 S. AMUTHA 4 B. PRABU :PETITIONERS / ACCUSED -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING, TIRUCHIRAPPALLI. CRIME NO.2/2011 :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 petitioners / Accused Nos.1,2,4 and A5 apprehend arrest at the hands of the respondent poilce for the alleged offences punishable under sections 406 and 420 IPC and r/w section 5 of Tamilnadu Protection of Interest of Depositors Act, in Crime No.2 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 case has been registered against the petitioners under sections 406 and 420 IPC and r/w Section 5 of Tamil Nadu Protection of Interest of Depositors Act, in Crime No.2 of 2011. He further submits that the case has been registered against the five persons. The third accused is the proprietor of the Money Cube Investment Solution and he was arrested and remanded in judicial custody. The first petitioner is a grand-father of A3; second petitioner is a mother of A3; the third petitioner is a wife of A3 and the fourth petitioner is a brother of A3. The de- facto complainant gave a complaint stating that he was deposited Rs.1,75,000/- before the Money Cube Investment Solution who is run by A3 and the de-facto complainant has also received the interest at the rate of 5% per month till 15.11.2009. He further submits that the de-facto complainant has already been received Rs.95,250/- and the investigation is considerably over and the petitioners are nothing to do with the commission of alleged offence. Hence, the petitioners are apprehend arrest and hence, they prayed for enlargement on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned Additional Public Prosecutor submits that nearly 20 persons gave a complainant against the A3 and the total amount was involved Rs.21,00,000/- and the investigation is going on. The petitioners are also borrowed the money from various persons and hence he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, the Money Cube Investment Solution is run by A3 by name Siva along with his wife Amutha arrayed as A4. The first petitioner is a grand-father of A3; the second petitioner is a mother of A3; the third petitioner is a wife of A3 and the fourth petitioner is a brother of A3. The de-facto complainant deposited Rs.1,75,000/- since he received interest upto Rs.95,250/- as per the version of the counsel for the petitioners. Hence, I am inclined to grant anticipatory bail to the petitioners with certain conditions. The petitioners are directed to deposit Rs.1,00,000/- before the court concerned and on such deposit the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the Special Court under TNPID Act, Madurai, 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 Special Court under TNPID Act, Madurai, and on further condition that the petitioners except A4 shall report before the court concerned daily at 10.30 a.m. until further orders. The petitioner A4 shall report before the learned Metropolitan Magistrate No.IV, Saidapet, Chennai daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under section 438 Cr.P.C. Scrupulously. 5.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, anticipatory bail petition stands dismissed. sd/- 08/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Special Judge under TNPID Act, Madurai. 2.The Metropolitan Magistrate No.IV, Saidapet, Chennai. 3.-Do- Thro' The Chief Metropolitan Magistrate,Chennai. 4.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5.The Inspector of Police, Economic Offences Wing, Tiruchirappalli. +1. CC to M/S. D.SHANMUGARAJA SETHUPATHI Advocate SR.No.26840. RP/09.08.2011/2P/7C. ORDER IN CRL OP(MD) No.9388 of 2011 Date :08/08/2011. https://hcservices.ecourts.gov.in/hcservices/