Madras High Court
Jagadeeswaran vs State Rep By on 27 April, 2022
Crl.OP.No.4977 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.O.P.No.4977 of 2019
and
Crl.M.P.Nos.3692 & 2908 of 2019
Jagadeeswaran ... Petitioner
Vs.
State Rep by
The Deputy Superintendent of Police,
Economic Offences Wing – II Unit,
Coimbatore.
(Crime No.3 of 2018) ... Respondent
PRAYER: Criminal Original Petition had been filed under Section 482 of
Cr.P.C, prayed to call for the records and set aside the Order dated
14.11.2018 passed by the learned Special Judge, Special Court under
TNPID Cases, Coimbatore in CMP.No.1449 of 2018 by granting bail to the
Petitioner.
For Petitioner : Mr.A.M.Amutha Ganesh
For Respondent : Mr.S.Vinothkumar
Government Advocate (Crl. Side)
1/7
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Crl.OP.No.4977 of 2019
ORDER
This Criminal Original Petition had been filed to set aside the order
passed by the learned Special Judge, Special Court under TNPID Cases,
Coimbatore in CMP.No.1449 of 2018 dated 14.11.2018.
2. When the case came up for hearing on 01.04.2022, the learned
Counsel for the Petitioner sought time to argue the case by utilising the
service of his Senior Counsel.
3. At the time, this Court posed a query to the learned Government
Advocate (Crl. Side). On query, the learned Government Advocate (Crl.
Side) submitted that the case is borne out of which earlier bail was granted.
The bail was cancelled by the learned Judicial Magistrate for violation of
condition. Based on the Order of the learned Judicial Magistrate, this
Criminal Original Petition had been filed seeking to set aside the cancellation
of bail.
4. The learned Counsel on record for the Petitioner submitted that as
per the condition in the earlier Order, the Petitioner ought to have deposited
a sum of Rs.25,00,000/- before the Revenue Divisional Officer,
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Crl.OP.No.4977 of 2019
Coimbatore/Competent Authority, on or before 11.03.2019.
5. In the light of the submission of the learned Counsel for the
Petitioner, Registry is directed to call for remarks from the learned Special
Judge under Tamil Nadu Protection of Interests of Depositors (in Financial
Establishment) cases, Coimbatore regarding the stage in C.C.No.8 of 2019
(Cr. No.3 of 2018 of E.O.W-II, Coimbatore).
6. Today, the learned Special Judge under Tamil Nadu Protection of
Interests of Depositors (in Financial Establishment) cases, Coimbatore
offered his remarks.
7. As per the remarks offered by the learned Special Judge under
Tamil Nadu Protection of Interests of Depositors (in Financial
Establishment) cases, Coimbatore, the Petitioner herein viz., Jagadeeswaran
is arrayed as A-7, had deposited Rs.5,00,000/- on 29.01.2019; Rs.5,00,000/-
on 08.03.2019; Rs.1,50,000/- on 02.04.2018; Rs.5,00,000/- on 26.04.2019;
Rs.4,70,000/- on 26.04.2019; Rs.2,33,000/- on 04.06.2019 and
Rs.1,47,000/- on 06.06.2019 in total Rs.25,00,000/- before the Competent
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Crl.OP.No.4977 of 2019
Authority/D.R.O, Coimbatore.
8. The case was taken on file as C.C.No.08 of 2019 on 30.12.2019,
the Petitioner herein/A-7 surrendered before this Court on 31.01.2020 and
his surrender was accepted and NBW was recalled and the copies were
furnished on 04.01.2021. The charges were framed on 16.04.2021 and
posted for trial on 19.04.2021. Till date, P.W-1 to P.W-5 had been
examined and Ex.P-1 to Ex.P-24 were marked. This Court had passed the
order on 24.01.2022 in Crl.O.P.No.717 of 2022 filed by the depositors. The
relevant portion of the said order reads as follows:
“7. In view of the same, this Court appreciates the act of the
Special Court under TNPID Act, Coimbatore for taking all
earnest effort to complete the trial without any delay. The
trial Court is directed to complete the trial without any
further delay, if the Accused are adopting any dilatory
tactics, it is for the trial Court to follow the Hon'ble Apex
Court order and take appropriate action against them. The
trial Court is also directed to give top priority and post the
case on a day basis without any delay after the normal
functioning of the Court”.
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Crl.OP.No.4977 of 2019
9. In continuation of the Order passed by this Court in
Crl.O.P.No.717 of 2022 dated 24.01.2022, the learned Special Judge under
Tamil Nadu Protection of Interests of Depositors (in Financial
Establishment) cases, Coimbatore was directed to give top priority for
disposal of the case on the day to day basis without any delay.
In the light of the above, when the case before the trial Court is
pending part heard stage, after examining the five witnesses on the side of
the Prosecution and marking the documents, nothing survives in this
Petition. Hence, this Criminal Original Petition is dismissed with the
same direction to the learned Special Judge under Tamil Nadu Protection of
Interests of Depositors (in Financial Establishment) cases, Coimbatore to
dispose of the case within a reasonable period of six months from the date of
receipt of a copy of this order or from the date of uploading this order in the
website of this Court. If the Petitioner herein/A-7 absconds, the learned
Special Judge is directed to issue Warrant and on execution of Warrant, the
Accused shall be remanded and confined in Prison till the trial is concluded
in delivering Judgment. The same is applicable to the other Accused also.
Consequently, connected Miscellaneous Petitions are closed.
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Crl.OP.No.4977 of 2019
27.04.2022
dh
Index: Yes/No
Internet: Yes/No
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Crl.OP.No.4977 of 2019
SATHI KUMAR SUKUMARA KURUP.,J.
dh
To.
1. The Special Judge,
Special Court under TNPID Cases,
Coimbatore.
2. The Deputy Superintendent of Police,
Economic Offences Wing – II Unit,
Coimbatore.
3. The Public Prosecutor,
High Court, Chennai.
Crl.O.P.No.4977 of 2010
27.04.2022
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