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Madras High CourtCRL OP/26343/2023dismissed

Vijaya v. State Rep By

2023-11-30Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN,J.

The petitioner/A5 seeks bail in Crime No.21 of 2023, registered by the respondent police for the offences punishable under Sections 406, 409 and 420 of IPC.

2.The defacto complainant is the Special Tahsildar, Social Welfare Scheme. A1 was working as a Date Entry Operator on contract basis with the Social Welfare Department at Thittakudi. The said Department had bank account, wherein amounts were forwarded by the Government for further distribution under the Old Age Pension Scheme to deserving Senior Citizens. A1 in her capacity as DEO has transferred the amounts forwarded by the Government to the account of her own family members/mother, father, brothers, sisters and everybody else. In that way, A1 had transferred totally a sum of Rs.4,62,01,781/-. Out of that, A1 had thought that her mother/the present petitioner A5 would be entitled to a further share of Rs.1,05,40,493/-. It only implies that A1 has valued her mother at Rs.1/- crore and the present petitioner had also subjected herself to such valuation. She had received that money.

3.The learned counsel for the petitioner stated that the bank account had been operated by the then Special Tahsildar. These are matters of investigation but certainly the account of the petitioner can be operated only by the petitioner and not by the Tahsildar, even if he is the Special Tahsildar. The Special Tahsildar can only operate his account and not other accounts. It is a fact accounts had been tampered by A1 who was the Data Entry Operator. Therefore, no credence can be given to that particular statement made by the learned counsel for the petitioner. There is no offer forthcoming for repaying the said amount which had been transferred to the account of this petitioner herein. 4.I am informed that A1 had been granted bail by the Judicial Magistrate but only on account of her advance pregnancy and not on the other grounds.

5.Taking all the factors into consideration, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

30.11.2023 ata

C.V.KARTHIKEYAN,J.

ata 30.11.2023