Nirupa v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9571 of 2022 NIRUPA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, JOB RACKETING, CCB-1, TEAM-9, VEPERY, CHENNAI.
(CRIME NO.210 OF 2021) For Petitioner : M/S.D.MUTHURAMALINGAM 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 petitioner, who was arrested and remanded to judicial custody on 21.03.2022, at the hands of the respondent police for the alleged offences under sections 406, 420 read with 34 of IPC and Under Section 10 and 24 of Immigration Act, 1983 , in Crime No. 210 of 2021 on the file of the respondent police seeks bail.
2. The petitioner was arrested on 21.03.2022 on a complaint registered on 29.11.2021 alleging that the petitioner and her husband under the promise of getting a job in Australia had collected a sum of Rs. 3,25,000/- from the defacto complainant on various occasion and shown forged appointment letter, VISA and other documents which are later found to be fake and forged.
3. The allegation in the FIR is that the money was collected by the petitioner and her husband in the name of SNS consultancy from 05.11.2019. On registration of the complaint, the respondent police has commenced investigation and so far they have received 36 complaints of similar in nature alleging cheating of about One Crore Rupees.
4. The learned Counsel appearing for the petitioner would submit that the petitioner is the erstwhile wife of the first accused, https://hcservices.ecourts.gov.in/hcservices/
wherein he is the only name lender. He also furnished the decree copy of the divorce order dated 11.01.2021 which has been passed by the V Additional Family Court at Chennai on a mutual consent petition.
5. It may be true that the petitioner and the first accused got separated by the virtue of the concerned decree. However, the allegation against her is from 05.11.2019 when the marriage was in subsistence and the petitioner is a person concerned in whose name the SNS consultancy was running and the money was collected from the defacto complainant and others.
6. In the light of the above fact and considering the stage of the investigation, this Court is not inclined to grant bail to the petitioner .
7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 26/04/2022 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 V ADDITIONAL FAMILY COURT,CHENNAI 2 THE SUPERINTENDENT, CENTRAL WOMEN PRISON, PUZHAL, CHENNAI 3 INSPECTOR OF POLICE, JOB RACKETING, CCB-1, TEAM-9, VEPERY, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.D.MUTHURAMALINGAM Advocate on payment of necessary charges CRL OP.9571/2022 Date :26/04/2022 RVR 05/05/2022 https://hcservices.ecourts.gov.in/hcservices/