Karuppaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.9362 of 2021

1. Karuppaiah

2. Ganapathy Ammal @ Ganapathy (Panchu)

3. Uma Maheswari

4. Veera Selvam ... Petitioners/Accused 1 to 4 Vs The State rep by The Inspector of Police, Subramaniapuram Police Station, Madurai District.

(Crime No. 372 of 2021) ... Respondent/Complainant For Petitioner : Mr.Jerin Mathew.M, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- Anticipatory bail in Crime No. 372 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent Police, for the offence punishable under Sections 406, 420 and 506(i) IPC and Section 5 of Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997, in Crime No.372 of 2021, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had collected chit amount from the defacto complainant and others and cheated them without returning the amount to the tune of Rs.2,15,000/-. Hence, the complaint.

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3. The learned counsel for the petitioners submits that the second petitioner had received the chit amount from various persons and invested the same with others, but, due to the pandemic situation, the said amount could not be retrieved and thereafter, the business also run into loss and hence, it had became insolvent. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that the petitioners have issued pamphlets and collected amount from various persons and cheated them without returning the amount to the tune of Rs.2,15,000/-. Considering the nature of offence, the case has also been referred to the Economic Offence Wing.

5. Considering the facts and circumstances of the case, the gravity of offence and also the fact that the case has now been transferred to the Economic Offence Wing, this Court is not inclined to grant anticipatory bail at this stage.

6. Accordingly, the Criminal Original Petition is dismissed. Sd/- 14/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9362 of 2021 Date : 14/09/2021 https://hcservices.ecourts.gov.in/hcservices/ VB/SKN/SAR-II/06.10.2021/2P/3C