PON RAJENDRAN Vs. J R MANIKANDAN

JUDGEMENT

(1.) The poor depositors, who have lost heavily after investing their life savings in HBN Dairies & Allied Limited run by Ammandeep Singh Sran, S/o.Harmander Singh Sran, who is the principal accused in three crime numbers, viz., Crime No.3 of 2015 on the file of Economic Offences Wing, Madurai, Crime No.9 of 2015 on the file of Economic Offences Wing, Trichy and Crime No.2 of 2016 on the file of Economic Offences Wing, Tirunelveli, have come forward with the present petitions seeking transfer of investigation of the three crime numbers to the Central Bureau of Investigation.

(2.) Three crime numbers have been registered in three Districts on account of the complaints lodged by depositors in each District alleging that HBN Dairies & Allied Limited had collected deposits from them and had failed to return the deposits. All the three First Information Reports have been registered for the offences under Sections 120-B, 406, 420 of the Indian Penal Code and Section 5 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997. In all the three First Information Reports, Ammandeep Singh Sran has been shown as accused and the co-accused are the Manager and others, who were running the business on his behalf. The police in Tamil Nadu were not able to proceed further with the investigation, since they were not able to secure Ammandeep Singh Sran, as he has been lodged in the Central Prison, Raipur, Raipur District, Chhattisgarh, for more than one year. The police moved the Special Court for TNPID Act Cases, Madurai, for issuance of Prisoner Transit warrant under Section 267 of the Code of Criminal Procedure for causing production of Ammandeep Singh Sran from the Central Prison, Raipur. The warrant was served on the Superintendent, Central Prison, Raipur and the Superintendent, by his proceedings dated 17.03.2016, has expressed his inability under Section 269 of the Code of Criminal Procedure to produce Ammandeep Singh Sran, before the Special Court for TNPID Act Cases, Madurai, on the ground that there are cases pending against him in the State of Chhattisgarh, Madhya Pradesh and New Delhi. He has further undertaken to produce him before the TNPID Court, in the event of the prisoner being released on the orders of the Courts where the cases are pending.

(3.) While so, it is seen that Ammandeep Singh Sran has filed Crl.O.P.(MD)Nos.2808 of 2018, 2809 of 2018 and 2810 of 2018 under Section 438 of the Code of Criminal Procedure seeking anticipatory bail in the three cases registered against him in Tamil Nadu on the ground that the High Court of Madhya Pradesh has granted bail to him in those cases.