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2021 (3) TMI 1027
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.... The petitioners, namely, N.Umashankar, N.Arunkumar, Janarthanan, Saravanakumar, are arrayed as accused nos.2, 3, 4 and 9, respectively and ECIR No.ECIR/MDSZO/04/2018, on the file of the Court of Principal Sessions Judge, City Civil Court, Chennai. This is the second petition for bail and the earlier petition was dismissed on 02.02.2021. 2. The learned counsel appearing for the petitioners would point out that at the time of dismissal of the earlier application for bail in Crl.O.P.Nos.673, 675 and 677 of 2021 on 02.02.2021, the investigation was pending. Now the respondent has filed a complaint, before the Court of Principal Sessions Judge, City Civil Court at Chennai and it is in the stage of check and call and therefore, it amounts to ....
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....g from the hands of justice would not arise. It is also the submission of the learned counsel appearing for the petitioners that the petitioners, in the event of enlarging of bail, would fully cooperate with the respondent / Investigating Agency and it is also open to the Court to impose any conditions in this regard. 4. The learned counsel appearing for the petitioners in support of his submission has also placed reliance upon the decision rendered by the Hon'ble Supreme Court of India reported in 2010 (13) SCC 791 (P.Chidambaram Vs. Directorate of Enforcement). 5. Per contra, Mr.Rajinis Pathiyil, learned Special Public Prosecutor appearing for the respondent / Enforcement Directorate would strongly oppose these petitions, by dra....
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....SCC 439 (Y.S.Jagan Mohan Reddy Vs. Central Bureau of Investigation and Arnab Manoranjan Goswami Vs. The State of Maharashtra and others reported in (MANU/SC/0902/2020) and would pray for dismissal of this petition, especially in the light of the fact that further investigation is also underway. 7. This Court paid it's best attention to the rival submissions and also perused the materials placed before it. 8. The Hon'ble Supreme Court of India in the decision reported in 2020 (13) SCC 791 (cited supra), has considered the scope of bail in economic offences involving corruption and abuse of high public office and in paragraph nos.18 to 23 has observed that ''basic jurisprudence relating to bail is that bail is the rule a....
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....il is the exception. Though the respective learned counsels appearing for the parties has placed reliance upon the above said judgments, in the considered opinion of this Court, there cannot be any precedent in the matter of granting bail and the consideration to grant or refuse to grant bail, have to be decided on case to case basis and depends upon the facts and circumstances of each case. 10. No doubt in the counter affidavit, the respondent / complainant took a stand as to the attitude of the accused in not cooperating with the Investigating Agency, Economic Offences Wing, Government Of Tamil Nadu, their cancellation of bail, in the event of arrest and the amount and number of depositors involved and took a categorical stand that the....
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....d as such their likelihood of abscondence by leaving the Country may be a distant possibility. 12. This Court has also taken note of the submissions made by the learned counsel appearing for the petitioners that in the event of enlargement on bail, they will fully cooperate with the respondent / Investigating Agency with regard to further investigation being carried out and the said submission on instructions is placed on record. 13. In the result, these Criminal Original Petitions are ordered, subject to the following conditions: (1). The petitioner shall execute a bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with two sureties each for a like sum to the satisfaction of the Court of Principal City Civil and Session....