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Madras High CourtCRL OP(MD)/23483/2023dismissed

Meenal @ Meena v. The Deputy Superintendent Of Police

2024-01-12Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2024 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Meenal @ Meena, ... Petitioner/Accused No.4 Vs 1.The Deputy Superintendent Of Police, Economic Offences Wing (Eow), Thanjavur District..

2.The Inspector of Police, Economic Offences Wing (Eow), Thanjavur District.

(On the File of the Kumbakonam), West Police Station, Thanjavur District.

(Crime No.211/2019).

... Respondents/Complainants For Petitioner : Mr.S.Ramsundarvijayraj,Advocate. For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.211/2019 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A4, apprehend arrest at the hands of the respondent police for the offence punishable under sections 406, 420 and 120(b) IPC and section 5 of TNPID Act, in Crime No.211 of 2019 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant lodged a complaint stating that the Company called 'Sangamam Benefit Fund Limited' was functioning in Nageeswaran North Street, Kumbakonam. In that Chit Fund Company, the de-facto complainant deposited Rs.55,000/-. But later the above said company was closed. On the basis of the complaint given by the de-facto complainant, a case in Crime No.211 of 2019 was registered for the offences stated above. Investigation was undertaken and during the course of investigation, the involvement of this petitioner came to light. 3.Seeking anticipatory bail, repeated applications came to be filed by the petitioner during Vacation Court and they were dismissed stating that no change of circumstance was available.

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4.Now this petition has been filed for the third time on the ground that in respect of Chit Funds transaction, entire amount has been settled; So far as the mutual fund is concerned, they are not involved in the above said business; Apart from that, it is also submitted that the Company also filed Insolvency Petition. 5.Already a detailed counter has been filed by the 1st respondent police. In the counter, it has been stated that the branches of Sangamam Benefit Fund Limited were opened by the petitioners in several places. But actually, it was registered in Trichy. As per the guidelines, for each and every branch, separate registration must be obtained. Butwithout proper registration, they were running the above said business, inviting several Crores of rupees from the public and so far, the amount involved is Rs.

46,91,486/- and the 4th accused namely Meenal @ Meena was one the Directors and A2, A3, A6 and A7 were arrested and released on bail. A11 and A12 were granted anticipatory bail. A4, A5 and A8 were released on bail. But the money that was involved not recovered. In the earlier petition filed in Crl.OP(MD)No.8834 of 2023 by Meenal @ Meena, she was directed to deposit Rs.25,00,000/-, but she did not comply the same. So it was dismissed. It has been stated that since money is not recovered so far and the amount cheated also run to several Crores of rupees, they are making objection.

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6.So far as Meenal @ Meena is concerned, it has been stated by her that she is not a Director of the Company, but working as Chief Manager. But however, considering the money involved, she is not entitled for anticipatory bail. Hence, the earlier applications seeking anticipatory bail were dismissed by this Court. Now I find no change of circumstances. to grant anticipatory bail to the petitioner/A4. 7.Accordingly, all the criminal original petitions are dismissed. sd/- 12/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE DEPUTY SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES WING (EOW), THANJAVUR DISTRICT.

THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING (EOW), THANJAVUR DISTRICT.

(ON THE FILE OF THE KUMBAKONAM), WEST POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-721[I] dated 12/01/2024 )

ORDER

IN CRL OP(MD) No.23483 of 2023 Date :12/01/2024 PKP/JGB/SAR /02.02.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5