Shelin George v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.7652 of 2016 SHELIN GEORGE ... PETITIONERS/1ST ACCUSED Vs STATE REB.BY INSPECTOR OF POLICE CITY CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

(CRIME NO.2/2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.M.VISHNUVARTHANAN Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 464, 467, 468, 469, 471, 477(A), 380, 294(b) and 506(i) IPC, in Crime No.2 of 2014, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner while working as Project Coordinator in CFCA, Tirunelveli, which is a nongovernmental organization, with the help of her husband and brother/ A.2 and A.3 misappropriated funds to the tune of Rs.20,09,897/-.

On complaint case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Due to enmity with the de facto complainant, who is working as an Accountant, a false complaint has been given against the petitioner and the de facto complainant has given the complaint based on the Audit Report. The alleged misappropriation is reflected in the accounts statement. Therefore custodial interrogation is not required.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Criminal side) submitted that the petitioner along with other accused misappropriated the

funds of CFCA, Tirunelveli to the tune of Rs.20,09,897/- and she purchased a Scorpio car for Rs.16,00,000/- in her name and issued cheques towards ICICI Bank Savings Bank Account of M/s.Community Foundation for Children and Aging Home Funds. Further, when the misappropriation was found, the petitioner submitted her resignation on 22.03.2013 and she and other accused have taken all the documents and the amount and car are yet to be recovered and therefore custodial interrogation of the petitioner is necessary and due to non-cooperation of the petitioner, the case is still under investigation and prayed for dismissal of the petition. 5.Considering the facts and circumstances of the case and also the considering the serious nature of allegation of misappropriation of funds meant for welfare of underprivileged children and old age people and money and car are yet to be recovered, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed.

sd/- 20/06/201 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.7652 of 2016 Date :20/06/2016 SDR/ARK-PV/SAR I/27.06.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/