Lakshmi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2202 of 2022 LAKSHMI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES WING-II, HQRS, PTC CAMPUS, ASHOK NAGAR, CHENNAI 600083.

(CRIME NO.30/2021) For Petitioner : M/S G.PERANBAN Advocate For Respondent : M/S.G.V.KASTHURI Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 15.12.2021 for the offence under Sections 420, 409 of IPC and Section 5 of TN Protection of interest of depositors (In Financial Establishment) Act, 1997, in Crime No.30 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused collected an amount of Rs.14 Crores as deposit from the public and cheated them. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. However, the petitioner is ready to abide any condition imposed by this Court. He would further submit that the petitioner has been in judicial custody from 15.12.2021 onwards. Hence, he would pray for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that during the relevant point of time, the other two accused in the https://hcservices.ecourts.gov.in/hcservices/

alleged occurrence, started a company and afterwards, the petitioner collected a sum of Rs.14 Crores as a deposit from the public and afterwards the same has been not returned. According to her, the investigation is still pending.

5. The submissions made by the learned Counsel on either side are considered.

6. It is not in dispute that during the relevant point of time an amount of Rs.14 Crores were collected as a deposit from the public. Therefore, without recovery of the said amount, it would not be possible to return the same to the public as well as, in view of the fact that the offence committed by the petitioner is in grave nature. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES WING-II, HQRS, PTC CAMPUS, ASHOK NAGAR, CHENNAI 600083.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+1 CC to M/S G.PERANBAN Advocate on payment of necessary charges SR.NO.2229 CRL OP.2202/2022 Date :08/02/2022 INBA~14/02/2022 https://hcservices.ecourts.gov.in/hcservices/