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Madras High CourtCRL OP(MD)/7613/2023dismissed

Manojkumar v. The Inspector Of Police

2023-04-24Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). Nos.7613 and 7614 of 2023 Manojkumar ... Petitioner/A4 in Crl.O.P.(MD)No.7613 of 2023 M.Ananthi ... Petitioner/A3 in Crl.O.P.(MD)No.7614 of 2023 Vs State rep. by The Inspector of Police, Economic Offence Wing II, Madurai, Madurai District.

(Crime No.04/2021).

... Respondent/Complainant in Crl.O.P.(MD)No.7613 of 2023 1.The Inspector of Police, Economic Offences Wing, Dindigul.

(Crime No.Not Known) 2.The Inspector of Police, Economic Offences Wing, Madurai.

Crime No.4 of 2021.

... Respondent/Complainant in Crl.O.P.(MD)No.7614 of 2023 For Petitioner (in Crl.O.P.(MD)No.7613 of 2023) : Mr.S.Kanagarajan, Advocate.

For Petitioner (in Crl.O.P.(MD)No.7614 of 2023) : Mr.J.William Christopher Advocate.

For Respondent (in both petitions) : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/3

COMMON PRAYER :- For Anticipatory Bail in Crime No.4/2021 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners/A4 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 120B of I.P.C. and Section 5 of Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997 in Crime No.04 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution as per the de-facto 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 office at Dindigul and Hydrabad at Andra Pradesh and also in other places and the 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.

3.Heard. Perused the materials available on record including the First Information Report.

4.It is seen that there are four accused involved in this case, in which, the petitioners are arrayed A3 and A4. They are working as the Manager and Director of the first accused company. According to the case of the prosecution, they collected amount to the tune of more than Rs.10 Crores from the depositors and thereafter, failed to return the same. The respondent police received 220 complaints from the victims and they found that the accused had received amount from them to the tune of Rs.4,83,12,500/- sofar. It is submitted by the learned Additional Public Prosector, A4 is having four previous cases for similar offence. Insofar as A3 is concerned, she was working as a Manager of the first accused company. That apart, she has also involved in four previous cases for similar offence.

Therefore, the custodial interrogation of the petitioners are very much necessary in this case. It is also seen from the records that this is petitioners' second application for anticipatory bail and the earlier application was dismissed by this Court on 21.02.2023 in Crl.O.P.(MD)Nos.7901, 8347, 8790 and 8793 and 13080 of 2021. 5.Taking note of the bad antecedents of the petitioners and also the fact that there is absolutely no change in circumstances of the case to consider the present anticipatory bail application even after dismissal of the petitions, this Court is not inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, these Criminal Original Petitions are dismissed. sd/- 24/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.The Inspector of Police, Economic Offence Wing II, Madurai, Madurai District.

2.The Inspector of Police, Economic Offences Wing, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) Nos.7613 and 7614 of 2023 Date : 24/04/2023 NA/BUC/SAR-3/11.05.2023/3P/4C 3/3