Valarmathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice TV. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23555 of 2021 VALARMATHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, B-1 NORTH BEACH POLICE STATION, PARRYS, CHENNAI-600 001.

(CRIME NO.70/2021) For Petitioner : M/S.ROMEO ROY ALFRED Advocate For Respondent : M/S. A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406 and 420 of the Indian Penal Code, in Crime No.70 of 20201 on the file of the respondent seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the wife of one Velumany who is the brother of the deceased. It is alleged that after the death of the deceased, the petitioner along with other accused withdrawn the amount in the deceased bank account by using using his debit card and cheque leaves by forging the signature of the deceased one Subburaj. It is alleged that more about Thirty Lakhs rupees has been withdrawn from the deceased account. Hence, the defacto complainant, who is the son of the divorced wife of the deceased gave a complaint before the Law Enforcing Agency.

3. The learned counsel for the petitioner submits that the petitioner did not committed any offence as alleged by the prosecution. He further submits that petitioner and other accused are close relatives of the complainant. He further submits that the dispute is civil is nature and hence he seeks for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) submits that the said amount was withdrawn in the year 2017 immediately after the death of the deceased without producing any documents and the investigation is still pending. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the allegation levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/12/2021 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, B-1 NORTH BEACH POLICE STATION, PARRYS, CHENNAI-600 001.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.ROMEO ROY ALFRED Advocate on payment of necessary charges CRL OP.23555/2021 Date :13/12/2021 cs 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/