Maria Dominic v. The Inspector Of Police
Reserved On 29.09.2023 Pronounced On 04.09.2023 RMT.TEEKAA RAMAN, J.
The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 406, 420, 465, 471 of IPC and Section 5 of TN Protection of Interest of Depositors (In Financial Establishment) Act 1997 in Crime No.129 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The petitioners are employees of VRP Motors Private Limited. They are arrayed as 2nd and 3rd accused in the above mentioned Crime No. Totally three persons are arrayed as accused in the above said alleged offence. Already the 1st accused was arrested and kept in Judicial Custody for the commission of alleged offence of receiving the deposits for CNG Vehicle from Public.
3. The learned counsel for the petitioners stated that after
the appointment in the year 2022, only recently, the 1st petitioner/R.Maria Dominic was transferred from Ambattur Office to Annanagar Officer and the 2nd petitioner was appointed during the month of November 2022. In the said situation, petitioners are unaware of the alleged occurrence of the alleged offences and they have either involved nor committed the alleged offence. Even in the FIR No.129 of 2023 dated 22.05.2023 on the file of the respondent police, it is merely alleged that as though these petitioners are in collusion with the 1st accused and none of the serious allegations are made against these petitioners, since as a matter of fact only subsequent to the alleged offence of the year 2021, they have actually appointed during the month of November 2022. He further stated that the respondent police have falsely implicated the petitioners in this alleged offence as they were working in the VRP Motors and handled customer's queries.
4. The learned Government Advocate (Crl.side) would contend that so far 78 victims have lodged the complaint and an amount to an extent of Rs.1,67,87,000/- is cheated. 1st accused is
the Director and 2nd and 3rd accused are the Managers.
5. After hearing the learned Government Advocate (Crl.side), the learned counsel for the petitioners would contend that they are only employees and produced the employment card.
6. Based upon the complaint given by the de-facto complainant, the case has been registered. They have promised the depositors that, if they deposit Rs.1,00,000/-, they will invest and purchase Maruti Van and put for call taxi and in turn they will pay Rs.14,000/- per mensem. On such a promise, 78 victims have so far invested the amount and at present, the amount cheated accounts to be Rs.1,67,87,000/-. The petitioners who have been working in the said A1's firm as Managers actually involved in collecting the said deposit.
7. Considering the overt act of the petitioners, nature and gravity of the offence and large number of victims being defrauded and the stage of the investigation is at preliminary stage, I am not inclined to grant anticipatory bail to the petitioners.
RMT.TEEKAA RAMAN, J.
mpl
8. Accordingly, this Criminal Original Petition is dismissed.
04.09.2023 mpl