M.Anandhakumar v. State Rep. By Its

Crl.O.P.No.28480 of 2023 and Crl.M.P.No.388 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/accused in Crime No.411 of 2023, registered by the respondent police for the offence under Sections 408, 420, 465, 468, 471 & 477A of IPC, seeks bail. The petitioner had been remanded to custody on 19.11.2023.

2.The defacto complainant had also entered appearance and filed intervening application.

3.It is the case of the prosecution that the defacto complainant had started a business in the name of M/s.Essential Traditions by Kayal wherein she was selling traditional cooking vessels through online. The petitioner was appointed as Sales Manager in the year 2019. It is the specific case of the prosecution that the amounts forwarded by the customers for purchase of vessels were transferred to the personal account of the petitioner and the vessels were not handed over to the customers necessitating them to lodge complaints with the defacto complainant. It is stated that 187 complaints had been received and a 1/3

list has also been produced. During the course of investigation, the account of the petitioner had been frozen and it is seen that there has been continuous deposit of amounts by various customers totalling more than Rs.8/- lakhs. 4.The learned counsel for the petitioner stated that the amounts had been withdrawn and handed over to the defacto complainant but there is no evidence of such handing over of the amounts to the defacto complainant. The complaint had been given by the defacto complainant not on her own volition but because of complaints which had been received from the customers about non-supply of goods after effecting payment.

5.Taking into consideration all these facts, I am not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original Petition is dismissed. Connected Criminal Miscellaneous Petition/Intervening Petition is also closed.

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C.V.KARTHIKEYAN,J.

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