Ananthi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)Nos.7901, 8347, 8790, 8793, 12395, 13080 of 2021 ANANTHI ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.7901/ 2021 ANANTHI ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.8790/ 2021 V.S.MANOJ KUMAR ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.8347/ 2021 ANANTHI ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD)No.8793/ 2021 S.SYED FAROOK ... PETITIONER/ACCUSED NO.3 IN CRL OP(MD)NO.12395 OF 2021 V.S.MANOJ KUMAR ... PETITIONER/ ACCUSED No.4 IN CRL OP(MD)No.13080 OF 2021 VS STATE REP.BY VADA MADURAI POLICE STATION, DINDIGUL DISTRICT.
CRIME NO. NOT KNOWN OF 2021.
... RESPONDENT/ COMPLAINANT IN CRL OP(MD)No.7901/ 2021 STATE REP.BY E.O.W POLICE STATION, CRIME NO NOT KNOWN OF 2021.
... RESPONDENT/ COMPLAINANT IN CRL OP(MD)No.8790/ 2021 STATE REP.BY CITY CRIME BRANCH, TRICHY CITY, TRICHY DISTRICT.
CRIME NO.NOT KNOWN OF 2021.
... RESPONDENT/ COMPLAINANT IN CRL OP(MD)No.8347/ 2021 STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.
... RESPONDENT/ COMPLAINANT CRIME NO NOT KNOWN OF 2021. CRL OP(MD)No.8793/ 2021 1/4
STATE REP BY ECONOMIC OFFENCES WING, (CRIME NO.4 OF 2021) ... RESPONDENT/COMPLAINANT IN CRL OP(MD)NO.12395 of 2021 STATE REP BY ECONOMIC OFFENCES WING-II, MADURAI.
(CRIME NO.4 OF 2021) ... RESPONDENT/COMPLAINANT IN CRL OP(MD)NO.13080 of 2021 For Petitioners :
Mr.G.MADHAVAN Advocate in CRL OP(MD)Nos.7901,8790&8793 of 2021 :
Mr.S.SARVAGAN PRABHU, Advocate in CRL OP(MD)Nos.8347, 13080 of 2021 :
No Appearance in CRL OP(MD)No.12395 of 2021.
For Respondents :
Mr.K.SANJAI GANDHI, Additional Public Prosecutor in all the petitions.
For Intervenor :
Mr.K.R.Bharathikannan, Advocate in CRL OP(MD).7901/2021 M/s.A.Banumathy, Advocate for M/S.S.Kameshwaran, Advocate in CRL OP(MD).8347,8790,12395/2021 PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. COMMON ORDER Since the petitions in Crl.O.P(MD)Nos.7901, 8347 and 8793 and 8790 of 2021 have been filed before registration of FIR, the said petitions have been dismissed as infructuous. 2.The petitions in Crl.O.P(MD)Nos.12395 and 13080 of 2021 are concerned, the petitioners/A3 and A4, apprehending arrest at the hands of the respondent police for the offences under Sections 406, 420, 120(B) IPC and Section 5 of TNPID (F & E) Act, 1997, in Crime No.4 of 2021 on the file of the respondent police, seek anticipatory bail.
3.The case of the prosecution as per the defacto complainant Saravanakumar is that he came to know about the Fly World Shares Pvt. Ltd at Madurai and it was informed that they were having head office at Madurai and they were having branch offices at Dindigul and Hydrabad at Andra Pradesh and also in other places and the 2/4
accused, who were the Directors and Manager, have induced him to invest in certain schemes and they have collected moneys to the tune of Rs.5,52,000/- and have cheated them without returning the deposit. Hence, the case.
4.The learned counsel for the petitioner in Crl.O.P(MD) No. 12945 of 2021 has not appeared before this Court today. 5.The learned counsel for the petitioner in Crl.O.P(MD)No.13080 of 2021 would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence. He prays for grant of anticipatory bail to the petitioner.
6.The learned Government Advocate (Crl.side) would submit that the accused in the case is running a financial institution and has collected amount to the tune of more than Rs.10 Crores from gullible public and they have cheated the depositors by not returning the amount. He would further submit that as of now during investigation they were able to identify the account to the tune of Rs.1 1⁄2 Crores and investigation is pending and in view of the interim protection granted to the petitioners, the respondent is unable to continue further investigation in this case and thereby he would seek to dismiss these applications.
7.The learned counsels appearing for the intervenors would submit that they have deposited their hard earned money and the accused have cheated the intervenors by giving false promise of giving high returns and they would object for grant of anticipatory bail to the petitioners.
8.Heard and perused the materials available on record. 9.It is a case where the accused have floated a company and by inducing the defacto complainant and other gullible depositors, they have collected amount to the tune of Rs.10 Crores and investigation is pending.
10.Taking into consideration the intentness of the offence, this Court is not inclined to grant anticipatory bail to the petitioners in both petitions. Hence, the petitions in Crl.O.P(MD) Nos.12395 of 2021 and 13080 of 2021 are dismissed. sd/- 21/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CM 3/4
TO TO 1 THE INSPECTOR OF POLICE VADA MADURAI POLICE STATION, DINDIGUL DISTRICT.
2 THE INSPECTOR OF POLICE, ECONOMICS OFFENCES WING, CITY CRIME BRANCH, TRICHY CITY, TRICHY DISTRICT.
THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, DINDIGUL DISTRICT.
ECONOMIC OFFENCES WING-II, MADURAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC TO MR.S.SARVAGAN PRABHU, Advocate, SR-2809[I] +1 CC TO MR.G.MADHAVAN, Advocate, SR-2604[I]
ORDER
IN CRL OP(MD)Nos.7901, 8790, 8347, 8793, 12395 and 13080 of 2021 Date : 21.02.2023 RS//SAR-2(08.03.2023) 4P 9C 4/4