Poornima v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.08.2024

CORAM

The Hon`ble Mr.Justice P.DHANABAL CRL OP.No.19286 of 2024 Poornima W/o. Praveen Kumar .. Petitioner / Accused-3 Vs State rep. by:- The Inspector of Police,1 Central Crime Branch-I, Vepery, Chennai.

` ... Respondent [Cr. No.234 of 2021] PETITION FOR BAIL Under Sec.483 of B.N.S.S.

PRAYER: - The Criminal Original Petition is filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail to the petitioner/Accused in Crime No.234 of 2021 on the file of the respondent police.

For Petitioner : Mr. C. Arun Kumar For Respondent : Mr. S. Vinoth Kumar Government Advocate [Criminal side]

ORDER

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The petitioner/Accused, who was arrested and remanded to judicial custody on 06.07.2024 on execution of NBW for the offences punishable under sections 420, 409, 109 and 120B of IPC in Crime No.234 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that A1 introduced himself as grandson of Ex-Governor Rosaiya and is having acquaintance with the politicians of ruling National party. A1 along with his father A2, under the guise of arranging loan for the purpose of developing the business, lured the defacto complainant, who was working as General Manager in Dharma Pharmacy Ltd., Adyar, Chennai and the chairman of the said firm, to part with money and asked them to transfer a sum of Rs.60 lakhs to the account of this petitioner / A3. However, they failed to arrange loan and on demand, they have issued cheques, but the same were dishonoured as insufficient funds, thereby cheated the defacto complainant and the owner. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner is in judicial custody since 06.07.2024. It is alleged by the 2/6

prosecution that the amount has been transferred to the account of the petitioner. But the petitioner is no way connected with the commission of the offence. The petitioner did not make any representation to the defacto complainant to part with money. The petitioner was issued notice under Section 41A of Cr.P.C., and she appeared before the respondent police. She was enquired and her statement was also recorded. The petitioner had fully co-operated for the enquiry. The petitioner is ready to abide by any condition imposed by this Court. Hence, the petitioner may be released on bail.

4. The learned Government Advocate (Criminal Side) has submitted that the petitioner along with her family members father / A2 and brother / A1 cheated the defacto complainant to the tune of Rs.92 lakhs under the guise of arranging loan for his business, but failed to arrange loan and on demand, they had issued cheques and the same were also dishonoured as insufficient funds. The petitioner has received Rs.60 lakhs in her account through R.T.G.S. She is actively participated in the commission of offence along with other accused, who are the family 3/6

members of the petitioner. The petitioner is also involved in an another case, which is pending in C.C. No.6015 of 2018, in which case, as she had not appeared before the Court, NBW was issued during January 2024 and she was secured on execution of NBW on 06.07.2024. Co-accused have not yet been secured. Huge money transactions are involved in this case. The amount is not yet recovered. Investigation is not completed. Hence, if she is released on bail, she would abscond and therefore, he strongly objected to release the petitioner on bail.

5. Considering the rival submissions on either side and considering the fact that investigation is still pending and also considering the nature of offences, I am declined to grant bail to the petitioner at this stage.

6. Accordingly, the criminal original petition is dismissed. 12.08.2024 4/6

index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs To 1.The Metropolitan Magistrate for exclusive trial of CCB Cases (Relating to Cheating cases in Chennai and CBCID Metro Cases), Egmore, Chennai-600 008.

2. The Inspector of Police, Central Crime Branch-I, Vepery, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai-66.

4.The Public Prosecutor, High Court, Madras.

P.DHANABAL ,J mjs 5/6

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