Jayashree v. The State Rep By

Crl.O.P.No.729 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A1 in Crime No.64 of 2023, registered by the respondent police for the offences under Sections 406, 420, 467, 472, 120(B) r/w 34 of IPC, seeks bail.

2.The learned counsel for the petitioner stated that the petitioner is a lady and had been suffering incarceration from 24.11.2023. It is further contended that it was her deceased husband who had monetary transaction with the defacto complainant and since he could not repay, the petitioner had been taken into custody. It is also stated that the amount involved is around Rs.2/- crores and that a sum of Rs.1.20/- crores had already been repaid.

3.The learned Government Advocate (Crl. Side) for the respondent however strongly disputed those facts and stated that the petitioner herein was an employee as gold appraiser in HDFC Bank. It is also stated that the mother of the defacto complainant had invested in Fixed Deposit a sum of Rs.2.65/- crores and she was lured to discharge the said Fixed Deposit and invest with the 1st accused. It is stated that the 1st accused had also given a bank receipt by forging the HDFC seal as if the money had been genuinely invested.

4.It is stated that three cheques had also been issued for return of the amount but the cheques had returned dishonoured for want of sufficient funds. There are two other accused namely the sister of the present petitioner and her husband to whom notices under Section 41-A of Cr.P.C., had been issued. It is also stated that no amount had been repaid.

5.The defacto complainant is also represented by a counsel and it is the contention of the learned counsel that the entire amount of Rs.2.65/- crores had been taken away by the accused persons. The statement that Rs.1.20/- crores has returned is strongly denied and disputed. It is also contended that the cheques issued had been dishonoured for want of sufficient funds.

6.It is clear that there has been an intention to cheat the defacto complainant out of substantial sum of money. At this stage, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

12.01.2024 ata

C.V.KARTHIKEYAN,J.

ata Crl.O.P.No.729 of 2024 12.01.2024