BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12756 of 2011 R.MURUGESAN : PETITIONER/ACCUSED NO.9 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI DISTRICT. CRIME NO.53/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. B.BRIJESH KISHORE Advocate For Respondent : Mr. A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A9 was arrested and remanded to judicial custody on 22.8.2011 for the alleged offences punishable under Sections 406, 420, 120(b) of IPC and Section 5 of TNPID Act 1997 in Crime No.53 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that on the basis of the complaint given by one Sannasi, a case has been registered against the petitioner and 18 others in Crime No. 53 of 2011 and the petitioner is arrayed as A9. He further submitted that the petitioner and A18 were arrested on the same day. He further submitted that the petitioner and eighteen others have jointly running Sri Venkateswara Auto Finance and that Finance company has been desolved in the year 2007 itself and he is nothing to do with the commission of offence and he was arrested on 22.8.2011 and investigation is considerably over and and hence, he come forward with this pplication and he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl.side) would submit the petitioner and eighteen others were running a partnership firm in the name and style of Sri Venkateswara Auto Finance and they collected money from the public and the defacto complainant has deposited Rs.50,000/- and calculating the interest for the same the amount comes to the tune of Rs.92,000/-. But they have not repaid the same. Hence, the complaint has been given. During the investigation, the investigation agency came to know that the said Finance company collected deposit to the tune of Rs.10 lakhs from public and they are https://hcservices.ecourts.gov.in/hcservices/ expecting more complaints and investigation is in initial stage and one more previous case is pending against the petitioner and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides, it could be seen that a case has been registered under Sections 406, 420,120(b) of IPC and Section 5 of TNPID Act 1997. Admittedly, the petitioner is one of the partners of the Sri Venkateswara Auto Finance and they have collected money from the public and they failed to repay the same and they closed the Finance company in the year 2007. Since, they have not repaid the amount, the defacto complainant has preferred a complaint in respect of the amount of Rs.50,000/- and calculating the interest for the same, the amount comes to the tune of Rs.92,000/- The petitioner was arrested on 22.8.2011 and he is in judicial custody for more than 30 days. Considering all these facts, I am inclined to grant bail to the petitioner on following conditions: (i) The petitioner shall deposit a sum of Rs.92,000/-(Rupees ninety two thousand only) to the credit of Crime No. 53 of 2011 before the learned Special Judge, TNPID Court, Madurai; (ii) The petitioner shall execute 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 Special Judge, TNPID Court, Madurai and (iii) The petitioner shall appear before the concerned court, daily at 10.30am until further orders. Sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE SPECIAL JUDGE FOR TNPID CASES, MADURAI. 2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT. 4. THE SUPERINTENDENT CENTRAL PRISON, MADURAI. +1 CC to M/S. B.BRIJESH KISHORE Advocate SR.No.32844 ORDER IN CRL OP(MD) No.12756 of 2011 Date :23/09/2011 NSV/26.9.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/