Subha v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY V.Subha ... Petitioner/A-2 Vs The Inspector of Police, District Crime Branch, Trichy.

Crime No.39 of 2024 ... Respondent/Complainant For Petitioner : Mr.B.Ramanathan, Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor For Intevenor : Mr.Joel Paul Antony PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.39 of 2024 on the file of the Respondent police.

1/4

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 420 and 406 of IPC, in Crime No.39 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused received a sum of Rs.85,00,000/- from the defacto complainant on promising to give 10% dividend of the interest amount of Rs.2,20,000/- daily for the period of 60 days, but, they gave the divident amount only a sum of Rs.26,82,000/- and thereafter, they have failed to repay the same and cheated the defacto complainant. Hence, the complaint.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegation in this case that in the guise of online trading, the petitioner is said to have lived with the defacto complainant and certain other victims, who have parted with huge amounts of money, all through banking 2/4

transactions and even though initially some returns were shown, subsequently absolutely no money has been paid and the entire amount having been cheated, this is not a fit case for grant of anticipatory bail to the petitioner. 5.Already this Court has considered the seriousness of the case and has already dismissed the anticipatory bail application in Crl.OP(MD)No.8218 of 2024 and there are no change of circumstances. Merely because the petitioner's husband who was arrested is released on bail, will not be a change of circumstances, as the entire business itself is done only in the name of the petitioner and there is a fit case where custodial interrogation of the petitioner is necessary to unearth the facts.

6. In view of the above, this Criminal Original Petition stands dismissed. sd/- 30/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR 3/4

TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY.

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

ORDER

IN CRL OP(MD) No.16597 of 2024 Date :30/09/2024 SS/MMS/SAR- /21/10/2024/ 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4