Madras High CourtCRL OP/21335/2021dismissed

Rathi v. The State Rep By

2021-11-15Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fifteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21335 of 2021 1 RATHI [ PETITIONERS / ACCUSED ] 2 VENKATESAN Vs THE STATE REP BY [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCE WING-II, GUINDY, CHENNAI.

(CRIME NO.19/2020) For Petitioner : M/S.S.SURESH Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 31.08.2021 for the offences under Sections 76(l) read with 4(l) of the Chit Funds Act 1982, Section 409, 420 of IPC in Crime No.19 of 2020, seek bail.

2.The case of the prosecution is that the petitioners conducted an unregistered chit in which, the defacto complainant joined and paid the bid amount and after completion of the chit, the petitioners failed to settle the amount of Rs.2,30,000/- to the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and that they have been suffering incarceration for more than 75 days from 31.08.2021. Hence, he prays for grant of bail to the petitioners.

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4.The learned Government Advocate raised strong objection stating that the petitioners are wife and husband and they have conducted unregistered chit and collected amounts to the tune of Rs.71 lakhs from 23 persons and so far only Rs.55,000/- has been recovered and that the investigation is still pending.

5. It is seen that more than 20 victims have been cheated and more than Rs.70 lakhs is involved in this case and that the investigation is still pending, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/11/2021 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 OFFENCE WING-II, GUINDY, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL(SPECIAL PRISON FOR WOMEN). 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL,CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SURESH Advocate on payment of necessary charges CRL OP.21335/2021 Date :15/11/2021 CSK 24/11/2021 https://hcservices.ecourts.gov.in/hcservices/