P.Manjula v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 29.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH P.Manjula ... Petitioner/A4 Vs The State of Tamil Nadu represented by The Inspector of Police, District Crime Branch, Tirunelveli District.

(Crime No.17 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Anand, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. 1/8

PRAYER :- For Anticipatory Bail in Crime No.17 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 420 and 120B of IPC, in Crime No.17 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 is running a travel agency through which he made advertisements as if employment can be secured at Qatar. Believing the same, the de facto complainant paid a total amount of Rs.1,20,000/-. The further case of the prosecution is that in the course of investigation, it came to light that there are 31 victims like the de facto complainant, who have been cheated in this manner for a total tune of Rs.61,50,000/-. There are totally 5 accused persons in this case. The petitioner has been arrayed as A4, and she is the sister of A2.

3. When the matter came up for hearing on 11.12.2024, this Court passed the following order:

This Court carefully heard the learned Counsel appearing for the petitioner and also went through the status report that has been filed by the investigation officer. This Court is inclined to first direct the petitioner to attend for enquiry before the respondent police and 2/8

give statement and submit all the relevant records. Thereafter, the respondent police shall submit before this Court as to whether any custodial interrogation is required insofar as the petitioner is concerned. Considering the same, this Court will pass final orders in this petition.

2.In view of the above, the petitioner is directed to appear before the Sub Inspector of Police, District Crime Branch, Tirunelveli District on 13.12.2024 at 11.00 a.m. The investigation officer shall record the statement of the petitioner and also collect all the relevant documents from the petitioner. The petitioner shall keep appearing before the investigation officer as and when summoned. After the completion of the enquiry, a report shall be filed before this Court. 3.Post the matter on 10.01.2025.

4.Till then, the petitioner shall not be arrested.

4. The matter was thereafter listed for hearing on 23.01.2025. On 23.01.2025, this Court directed the petitioner once again to appear before the respondent police along with all relevant documents, and it was made clear that no Advocate should accompany the petitioner. Pursuant to the above direction, the petitioner has 3/8

attended the enquiry. The status report has been filed before this Court today. The relevant portion is extracted hereunder:

23. I respectfully submit that, this Hon'ble Court by its Orders dated 23.01.2025 directed the petitioner once again to appear before the respondent/complainant on 25.01.2025 at 11.00 a.m., and produced all the relevant records before the Investigation Officer. Accordingly, the petitioner/A4 appeared before me and she was enquired. At the time of enquiry, the petitioner/A4 produced the copy of Job Confirmation letter issued to the victims, the bank account statements maintained by her in TamilNadu Mercantile Bank branch at Vadakkankulam, Air tickets issued to the victims.

24. It is submitted that several lakhs of money have been credited into and transferred from the bank account of the petitioner/accused No.4, to other persons in connection with job rocketing. Therefore, custodial interrogation is required to unearth the scam.

25. It is submitted that, the A2 Suman, who is the brother of 4/8

this petitioner/A4 is still absconding. The whereabouts of the A2 Suman is to be enquired with the petitioner/A4. At this stage, if the petitioner/A4 released on anticipatory bail, she would tamper the evidence and hamper the witnesses.

5. In the considered view of this Court, the petitioner seems to have been used by her brother, who has been arrayed as A2. Further, the materials available with the petitioner have been handed over to the police. It is made clear that the petitioner had produced Job Confirmation Letters that were sent to the victims and the bank account maintained by the petitioner. The petitioner had also produced Air Tickets that were issued to the victims. The main allegation against the petitioner is that money has been routed through the bank account of the petitioner, which ultimately reached A2.

6. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has co-operated for the investigation by producing all materials that were available with the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5/8

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent police on every Monday and Friday at 10:30 a.m. until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 29/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.20959 of 2024 Date :29/01/2025 SS/SKN/SAR- /14/02/2025/ 8P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8