1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of March Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE R.S.RAMANATHAN CRL OP(MD) Nos.2600, 2605 and 2607 of 2011 SULAIMAN HUSSAIN ... PETITIONER/ACCUSED-3 IN CRL OP(MD) No.2600/11 NIAZKHAN @ AZAD ... PETITIONER/ACCUSED-8 IN CRL OP(MD) No.2605/11 NIAZKHAN @ ABDUL RAZAK ... PETITIONER/ACCUSED-6 IN CRL OP(MD) No.2607/11 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SPE / CBI / ACB, CHENNAI,( RC.MA1/2003 ) ... RESPONDENT/COMPLAINANT IN CRLOP(MD)Nos.2600 AND 2605/11 THE STATE REP.BY THE INSPECTOR OF POLICE SPE / CBI /EOW, CHENNAI,( RC.1/E/2002) ... RESPONDENT/COMPLAINANT IN CRLOP(MD)NO.2607/11 For Petitioners : M/S. R.VIVEKANANTHAN for N..R.ELANGO, Senior Advocate in all the petitions For Respondent : MR.RAZARIO SUNDARRAJ,Special Public Prosecutor for CBI Cases in all the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in all these cases is one and the same. He apprehends arrest at the hands of the police for the offences under Sections 120(B) r/w 420, 419, 467, 468 r/w 471, 201 I.P.C. and under Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and 120(B) r/w 420, 467 r/w 471, 468 r/w 471 and 201 I.P.C. and under Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and also for the offences under Sections 120(B) r/w 419, 420, 467, 468, 471 and Section 511 r/w 410 I.P.C. and under Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 in C.C.Nos.7 of 2007, 8 of 2007 and 3 of 2006 respectively pending on the file of the learned Special Judge for CBI Case, Madurai and seeks anticipatory bail. 2. It is submitted by Mr.N.R.Elango, learned Senior Counsel for the petitioner that the petitioner was granted bail in the year 2003 and he was appearing till 2007 and thereafter, he could not appear and non bailable warrant was issued and he is prepared to surrender before the learned https://hcservices.ecourts.gov.in/hcservices/ 2 Special Judge and the Special Judge may be directed to consider the bail application on the same day. 3. The learned Special Public Prosecutor Mr.Rozario Sundarraj submitted that the petitioner in all the three cases in one and the same, but he has given three names and difference fathers' name and cheated the bank along with other bank officials around Rs.4 Crores. He further submitted that due to the absence of the petitioner, the cases were split up and all the three cases ended in conviction and if the petitioner is granted anticipatory bail, there is no guarantee for his appearance in future and it is difficult for the prosecution to proceed with the case against the petitioner. 4. Considering the fact that the petitioner was absent from the year 2007 and he has given three names and obtained loans and cheated the bankd along the bank officials and the case against the other accused ended in conviction, this Court is not inclined to grant anticipatory bail or to direct the learned Special Judge for CBI Cases, Madurai for considering the bail. Hence, these petitions are dismissed. sd/- 21/03/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE SPECIAL JUDGE FOR CBI CASES, MADURAI. 2 THE INSPECTOR OF POLICE,SPE/CBI/ACB,CHENNAI. 3 THE INSPECTOR OF POLICE,SPE/CBI/EOW,CHENNAI. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. R.VIVEKANANTHAN Advocate SR.No.7245 ORDER IN CRL OP(MD) Nos.2600,2605 & 2607 of 2011 Date :21/03/2011 PA/24.03.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/