Madras High CourtCRL OP/7356/2022dismissed

Mohana Sundari v. State Rep By

2022-03-30Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7356 of 2022 MOHANA SUNDARI [ PETITIONER/ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUPPUR DISTRICT.

CRIME NO.4 OF 2022 For Petitioner : M/S.M.N.BALAKRISHNAN, Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner herein apprehending arrest for the offences under Sections 120 (B), 420 and 409 of I.P.C., in Crime No.4 of 2022, seeks anticipatory bail.

2. The petitioner herein is the lender. It is a case where a sum of Rs.3,55,13,580.00 of the goods were diverted to various spinning mills run under the control of the prime accused on the premise that a span of two months goods were purchased on loan but very meager amount was paid. As far as this petitioner is concerned, she is running a mills by name M/s.Priyanka Knit Fabs and goods worth Rs.56,00,000/- were supplied. Only a sum of Rs.7,18,000/- was paid and balance amount of Rs.48,92,000/- were not paid since 2019. Though, the Learned Counsel for the petitioner claims that, the petitioner is an innocent and work maker, the investigation indicates that the goods were distributed to various Shell Companies which were started in the name of his employees and relatives of the prime accused. This petitioner is one such name lender and knowingly she has participated in the crime and the offence under Section 420, 409 & 120(B) of I.P.C is under investigation.

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3. Since, the quantum of amount cheated is around Rs.48,00,000/- unless and until the petitioner is taken into custody, the amount cheated cannot be traced/recovered. Recording the same, this Criminal Original Petition is dismissed. -sd/- 30/03/2022 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 JUDICIAL MAGISTRATE, NO.II, TIRUPPUR.

2 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUPPUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.N.BALAKRISHNAN Advocate on payment of necessary charges CRL OP.7356/2022 Date :30/03/2022 RW 05/04/2022 https://hcservices.ecourts.gov.in/hcservices/