Madras High CourtCRL OP/13880/2022dismissed

A.Nandhini Devi v. State Rep By

2022-06-17Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13880 of 2022 A.NANDHINI DEVI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, R-1, MAMBALAM POLICE STATION, CHENNAI 17. CRIME NO.12 OF 2022.

For Petitioner : M/S.E.D.SETHUPATHI Advocate For Respondent : MR. S.UDHYAKUMAR, Govt. Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner herein while working in Manapuram Finance Limited, T.Nagar Branch alleged to have misappropriated the funds of the defacto complainant by creating fake pledge document and advancing gold loan without securing jewels. When this was noticed by the higher officials and questioned, she absconded and till date cannot be traced.

2. Based on the private complaint, the police has registered a case in Crime No.12 of 2022 and taken up the matter for investigation. Till date the petitioner is absconding and not available for investigation. Earlier when the anticipatory bail petition was filed, this Court has gone through the record, the custodial interrogation of the petitioner is necessary and dismissed the anticipatory bail. Now alleging that there is change of circumstances, the petitioner is reviving her request.

3. The learned Government Advocate (Crl.Side) for the respondent pointing out that the 161(3) statement of the staff of the defacto complainant particularly, Ramalingeshwara Rao, Area Manager against whom the petitioner has alleged that only on his instructions she has disbursed the money would clearly show that any advance of payment to advance loan the petitioner herein without securing the jewels in order to make unlawful gain.

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4. The prima facie material collected in the course of investigation indicates that the petitioner involved in the alleged fraud and misappropriation. The respondent police is not able to proceed with the investigation unless the petitioner is secured and it is also difficult for them to trace the crime money involved in this case hence, this Court is inclined to dismiss this petition.

5. In the result, this Criminal Original Petition is dismissed. -sd/- 17/06/2022 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 INSPECTOR OF POLICE, R-1, MAMBALAM POLICE STATION, CHENNAI 17.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.D.SETHUPATHI Advocate on payment of necessary charges Sr.9456 CRL OP.13880/2022 Date :17/06/2022 RVR 22/06/2022 https://hcservices.ecourts.gov.in/hcservices/