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Madras High CourtCRL OP(MD)/15701/2020dismissed

Gowsalya@Gowsalya Devi v. The Inspector Of Police

2020-12-23Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Gowsalya @ Gowsalya Devi

...Petitioner/Accused No.1

Vs.

State Represented by The Inspector of Police, District Crime Branch, Ramanathapuram, Ramanathapuram District.

(Crime No.56 of 2020)

...Respondent/Complainant

For Petitioner : Mr.D.Senthil, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For an Anticipatory Bail in Crime No.56 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under sections 406 and 420 IPC, in Crime No.56 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused person promised nine victims to get a job in their society and have collected a sum of Rs.7.85 lakhs from them. After collecting money, the petitioner and other accused person did not obtain any job and also refused to repay the amount. Hence, the case has been registered.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

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4.The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged occurrence and the petitioner is working as a Manager in the Society and as per the Company policy, she collected the security deposit from the defacto complainant and remitted into the account of the Company and the petitioner is also in the similar position of the defacto complainant and with an false allegation and for that the above complaint was lodged against the petitioner. Hence, he prayed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally four accused, in which, the petitioner herein is arrayed as A1. The petitioner and other have conspired together and collected a sum of Rs.7.

85 lakhs from nine victims promising to get a job in their society. Thereafter, they failed to repay the said amount. He further submitted that A1 had already been arrested and released on bail. 6.Considering the above facts and circumstances of the case and considering the fact that this petitioner is committed a very serious offence, this Court is not inclined to grant anticipatory bail to the petitioner.

7.At this juncture, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition. 8.In view of the same, this Criminal Original petition is dismissed as withdrawn.

sd/- 23/12/2020 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, DISTRICT CRIME BRANCH, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.15701 of 2020 Date :23/12/2020 vsd AE/SMA/SAR-III (07/01/2021) 3P / 3C 3/3