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MEMORANDUM OF CRIMINAL ORIGINAL PETITION

(under section 439 Cr.P.C.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl. O.P.No. of 2005

In

Cr.No. 46 of 2002
(on the file of the Deputy Superintendent of Police,
Admirility House, EOW II, Chennai 2)

V.Babu (48 yrs) A8


S/o Late Velayutham
161, Sivaprakasam St,
Surapedu, Chennai 66 ..Petitioner

Vs

State rep. By
The Deputy Superintendent of Police,
Admirility House,
EOW II,
Chennai 2
(Cr.No. 46 of 2002)
..Respondent

PETITION FOR BAIL

The address for service of all the notices and process on the
petitioner is that of his counsel M/s R.Sreerangan and G.Sankar at 256,
Law Chambers, High Court, Chennai 104.

1. The petitioner submits that the respondent has registered a


case in Cr. No 46 of 2002 for the offence u/s 5 of TNPID Act. The petitioner
was arrested on 02.03.2005 and remanded to judicial custody. The petitioner
is languishing in jail for more than 50 days.

2. The case of the prosecution is that one K.S.Rajasekar has


deposited a sum of Rs.15, 000/- with Anubav Dhana Vriksha on 21.1.1997
and neither the deposited amount nor the benefits were returned. The total
amount involved as alleged in this case is 1.12 crores.

3. The petitioner submits that he was one of the partners of


Anubav Dhana Vriksha having only 2% share. The petitioner has not
participated in the day-to-day affairs of the company and he has not signed
any of the deposit receipts produced by the respondent.

4. The petitioner submits that earlier a Cr.No.1431 of 1998 was


registered and investigated by the respondent against the all the
offences committed by the Anubav Group of Companies. The petitioner
was granted anticipatory bail in the above case and has been regularly
cooperating with the trial.

5. The petitioner submits that all the properties belong to the


Anubav Group of Companies including the properties stood in the
name of Anubav Dhana Vriksha were seized and were handed over to
the Administrator appointed by the this Hon’ble Court and so far more
than 20 crore was recovered.

6. The petitioner submits that while being so, the respondent


herein has caused arrest of the petitioner on 2.3.2005 and remanded
to judicial custody. The application for bail was dismissed by the
hon’ble Special Court for TNPID Act, Chennai, on 8.3.2005 in Cr. M.P.
834 of 2005 as premature.

7. It is submitted that Accused No.1 was granted bail by the


Special Court and another co-accused one Balasubramaniam was
granted on anticipatory bail in Crl.O.P.No. 5304 of 2005 by the this
Hon’ble Court. The petitioner further submits that one Venkataraman,
an accused arrested alongwith the petitioner was also granted bail in
Crl.O.P.No. 8537 & 8543 of 2005 on 15.4.2005 by a common order
passed in Cr. No.46 and 48 of 2002 by this Hon’ble court.

8. The petitioner is ready to offer sufficient sureties and to abide


by the conditions that may be imposed by this Hon’ble court. This is
the first petition and no similar petition is pending before any other
court.

Dated at Madras this the 21st day of April 2005


Counsel for petitioner

1. The petitioner is confined in Central Jail, Chennai


2. The bail to the satisfaction of Special Court for TNPID Act, Chennai.

MEMORANDUM OF CRIMINAL ORIGINAL PETITION


(under section 439 Cr.P.C.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl. O.P.No. of 2005

In

Cr.No. 48 of 2002
(on the file of the Deputy Superintendent of Police,
Admirility House, EOW II, Chennai 2)

V.Babu (48 yrs) A19


S/o Late Velayutham
161, Sivaprakasam St,
Surapedu, Chennai 66 ..Petitioner

Vs

State rep. By
The Deputy Superintendent of Police,
Admirility House,
EOW II,
Chennai 2
(Cr.No. 48 of 2002)
..Respondent

PETITION FOR BAIL

The address for service of all the notices and process on the
petitioner is that of his counsel M/s R.Sreerangan and G.Sankar at 256,
Law Chambers, High Court, Chennai 104.

4. The petitioner submits that the respondent has registered a


case in Cr. No 48 of 2002 for the offence u/s 5 of TNPID Act. The petitioner
was arrested on 2.3.2005 and remanded to judicial custody. The petitioner is
languishing in jail for more than 30 days.

5. The case of the prosecution is that one C.S.Ooman has


deposited a sum of Rs.20, 000/- with Anubav Finance and Investments and
neither the deposited amount nor the benefits were returned. The total
amount involved as alleged in this case is 40,73,000/-.

3. The petitioner submits that he is one of the partners of


Anubav Finance and Investments having only 2% share. The petitioner
has not participated in the day-to-day affairs of the company and he
has not signed any of the deposit receipts produced by the respondent.

4. The petitioner submits that earlier a Cr.No.1431 of 1998 was


registered and investigated by the respondent against the all the
offences committed by the Anubav Group of Companies. The petitioner
was granted anticipatory bail in the above case and has been regularly
cooperating with the trial.

5. The petitioner submits that all the properties belong to the


Anubav Group of Companies including the properties stood in the
name of Anubav Dhana Vriksha were seized and were handed over to
the Administrator appointed by the this Hon’ble Court and so far more
than 20 crore was recovered.

6. The petitioner submits that while being so, the respondent


herein has caused arrest of the petitioner on 2.3.2005 and remanded
to judicial custody. The application for bail was dismissed by the
hon’ble Special Court for TNPID Act, Chennai, on 8.3.2005 in Cr. M.P.
835 of 2005 as premature.

7. It is submitted that the Accused No.1 was granted bail by the


Special Court for TNPID Act, Chennai. The petitioner further submits
that one Venkataraman, an accused arrested alongwith the petitioner
was also granted bail in Crl.O.P.No. 8537 & 8543 of 2005 on 15.4.2005
by a common order passed in Cr. No.46 and 48 of 2002 by this Hon’ble
court.
8. The petitioner is ready to offer sufficient sureties and to
abide by the conditions that may be imposed by this Hon’ble court.
This is the first petition and no similar petition is pending before any
other court.
Dated at Madras this the 21st day of April 2005

Counsel for petitioner

1. The petitioner is confined in Central Jail, Chennai


2. The bail to the satisfaction of Special Court for TNPID Act, Chennai.

DISTRICT:: CHENNAI

HIGH COURT :: MADRAS

Crl. O.P.No. of 2005

V.Babu ..Petitioner

Vs

State By
The D S P,
EOW II,
Chennai 2
(Cr.No. 4 of 2002)
..Respondent

PETITION FOR BAIL


R.SREERANGAN
G.SANKAR

COUNSEL FOR
PETITIONER

256, Law Chamabers,


High Court, Chennai

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