Sahaya Divya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sahaya Divya ... Petitioner/ Accused No.6 Vs State represented by The Inspector of Police, DCB Police Station, Tirunelveli City, Cr.No.04 of 2023.
... Respondent/Complainant For Petitioner : M/s.V.Nambi Nachiyar, Advocate.
For Intervener : Mr.K.Jeya mohan, Advocate For Respondent : MR.B.Nambiselvan,Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.04 of 2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/ Accused apprehends arrest at the hands of the respondent 1/3
police for the offences under Sections 420, 120(b)of IPC, in Crime No.04 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant's version is that the accused persons running a company by name JNF Trading for exporting vegetables, fruits and fish to foreign countries and also informed them that if they make investment, they him get 10% profit per month. On the basis of the above, the said promise, the defacto complainant and other persons approached them. When they visited the office, one Radhika was working in that office. She has stated that she is also one of the share holder of the above said company. By way of direct payment and cheque payment and investment, totally Rs.40 Lakhs was invested. For the above said amount, one Jeyapaul issued separate cheques for Rs.20 Lakhs and Rs.30 Lakhs. After that they also insisted investment of more amount, promising to return the same with 12% interest.
Believing the promise again they started making payment. Totally 1.4 Crores was deposited in the company. But after some time, they failed either to pay the profit or to return the money. They came to know that they were cheated. On that account they filed the present complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent, she has been falsely implicated in this case and she has not committed any offence as alleged by the prosecution.
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4. The learned Additional Public Prosecutor would submit that investigation in this case is still pending. Totally, there are six accused in this case. The accused persons have cheated around Rs.6 crores in Tirunelveli District and around Rs.16 Crores in Thoothukudi District. The application of the first accused seeking anticipatory bail was dismissed.
5. Considering the facts and circumstances of this case and gravity of offence, this Court is not inclined to grant relief to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. sd/- 17/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO THE INSPECTOR OF POLICE DCB POLICE STATION,TIRUNELVELI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14989 of 2023 Date :17/08/2023 PKP/VR/SAR- /13.09.2023/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3