Madras High CourtCRL OP(MD)/20997/2021dismissed

Vanitha Jose v. The Inspector Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD). No.20997 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.20997 of 2021

1. Vanitha Jose

2. Sofia Rachel ... Petitioners/Accused 4 & 5 Vs The State rep.by, The Inspector of Police, District Crime Branch, Tuticorin.

Crime No.28 of 2018. ... Respondent/Complainant For Petitioners: Mr.S.Siva Thilakar, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.28 of 2018 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC, in Crime No.28 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the accused persons had forced the defacto complainant to pay Rs.1,46,06,486.40 (730 AED), under the guise of business and failed to repay the same. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and not committed any offence as alleged by the prosecution. In this case, there was no documentary evidence as against the petitioners. Hence, prays to release them on anticipatory bail.

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CRL OP(MD). No.20997 of 2021 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners are the wives of fourth and fifth accused, they are partners of the alleged business firm, they jointly cheated amount from the defacto complainant and also the investigation is not yet completed.

5.Considering the facts and circumstances of the case, that the nature of offence, which is grave, that the huge amount involved in the alleged occurrence and that the role of petitioners in the alleged business, as partners, this Court is not inclined to enlarge the petitioners on anticipatory bail, at the nascent stage of investigation.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 29/12/2021 / TRUE COPY / / /2022 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, TUTICORIN.

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

ORDER

IN CRL OP(MD) No.20997 of 2021 Date :29/12/2021 PNM MK/PN/SAR.II/04.01.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2