N. Geethanjali, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2024 of 2015 N. GEETHANJALI ... PETITIONER/ACCUSED NO.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT. (CRIME NO. 25/2014) ... RESPONDENT/ COMPLAINANT G.EZHILIL BHARATHI ... INTERVENOR For Petitioner : M/S. T. ANTONY ARULRAJ Advocate For Respondent : M/S.R.RAMACHANDRAN, Govt. Advocate ( Crl. Side) For INTERVENOR : M/S.C.M.ARUMUGAM 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 offences punishable under Sections 120(b). 419, 465, 468, 471, 406, 420 and 477(A) IPC in Crime No.25 of 2014 on the file of the respondent police, seeks anticipatory bail.
2. Heard the learned counsel for the petitioner, the learned counsel for the Intervenor and the learned Additional Public appearing for the State.
3. This is sixth anticipatory bail petition and fourth before this Court. The respondent police have filed a counter in which they have stated as follows:
"2. I respectfully submit that on 22.02.2014 a complaint was received by the Superintendent of Police, Dindigul District in C.No.G3/5143/83/GDP/2014 and the same was registered in Cr.No.25 of 2014 for the alleged offence u/s.120(b), 419, 465, 468, 471, 406, 420, 477(A) of IPC. The brief fact of the case is that the accused in this his namely Arumugam and Geethanjali worked as cashier, time keeper at Everyday Spinning Mill, Nagampatti Village,
Vedachandur, Dindigul District. The 1st accused worked for past 4 years. The 1st accused disbursing the salary to the employees. On 10.02.2014 the salary list were scrutinized by the complainant, who is working as a Manager, at the time he found sum irregularities. He found that 38 persons, who were previously employed in the Mill, Subsequently stopped, were included in the list of persons employed in the Mill and the salary was paid to them to tune of Rs.2,89,790/- and similarly the salary of 10 persons, who were not employed, was also paid in respect of them. So the Audit was conducted by the Management from February 2013 to January 2014 and it was found that a sum of Rs.32,38,060/- was misappropriated by the accused further the create forced documents and misappropriate the bonus amount."
4. Learned counsel for the petitioner submitted that the petitioner was victimised by her employer and therefore, she has also lodged a complaint under Women Harassment Act against her employer and that is why, this case has been foisted against her.
5. On the contrary, learned counsel for the Intervenor submitted that the petitioner has lodged a false complaint under Women Harassment Act in order to escape from the enormous fraud that has been committed by her in tandem with Arumugam, the co-accused in this case.
6. This Court called for the confession statement of Arumugam in which he has graphically described how he and this petitioner were systematically siphoning the funds.
7. Learned counsel for the petitioner submitted that the records are maintained at four places beginning from the gate and therefore, it is not easy for the petitioner to tamper.
8. This Court is not able to accept this argument, because Arumugam has explained how this petitioner would choose the names of employees, who are not reporting to duty for long time and would prepare muster roll in their names and create records, as if the wages were paid to them.
9. In view of the serious nature of the allegations levelled against this petitioner, this Court is not inclined to grant anticipatory bail to her. Hence, the Criminal Original Petition is dismissed.
sd/- 17/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 2.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DINDIGUL, DINDIGUL DISTRICT.
+1. CC to M/S. T. ANTONY ARULRAJ Advocate SR.No.7621 +ONE CC TO M/S.C.M.ARUMUGAM, Advocate, SR.No.7390 RL/5 C- 19/2/2015
ORDER
IN CRL OP(MD) No.2024 of 2015 Date :17/02/2015