N.Shanthi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirtieth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22261 & 22597 of 2021 N.SHANTHI [ PETITIONER / ACCUSED IN CRL.O.P.NO.22261/2021 ] M.NANDHA KUMAR [ PETITIONER / ACCUSED IN CRL.O.P.NO.22597/2021 ] Vs 1 THE STATE REP BY [RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE, IN CRL.O.P.NOS.22261 & 22597/2021] P-6, KODUGAIYUR POLICE STATION, CHENNAI-600 118.

CRIME NO.2595/2021.

2 THE STATE REP BY [RESPONDENT IN CRL.O.P.22261/2021] ECONOMIC OFFENCE WING, SAIDAPET, CHENNAI.

CRIME NO.2595/2021.

For Petitioner : M/S.K.ASHOK KUMAR Advocate (CRL.O.P.NO.22261/2021) For Petitioner : M/S.S.MOHANRAJ, Advocate (CRL.O.P.NO.22597/2021) For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence under Sections 76 (1) of the Chit Funds Act in 1982 and 406 and 420 of IPC in Cr.No.2595 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners cheated the chit fund amount of 28,60,000/- and Rs.21,00,000/- received from the defacto complainants in both Crl.OPs by using the name and style of Andavar Enterprises Deepavali Pandu Cheetu and the petitioners have not re-paid the deposit amounts to the defacto complainants and both of them were absconded. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any such offences as alleged by the prosecution and they have been falsely implicated in these cases. Hence he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that investigation is at initial stage. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the submissions made by both counsel and also the fact that the gravity of an offence committed by the petitioners and the investigation is at initial stage, which needs detailed enquiry, this court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, these Criminal Original Petitions are dismissed. -sd/- 30/11/2021 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 INSPECTOR OF POLICE, P-6, KODUGAIYUR POLICE STATION, CHENNAI-600 118.

2 THE ECONOMIC OFFENCE WING, SAIDAPET, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.ASHOK KUMAR Advocate on payment of necessary charges CRL OP.22261 & 22597/2021 Date :30/11/2021 TA-15/12/2021