V.Sneha Priya v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH V.Sneha Priya, W/o.Vimalraj, No. 200, Kamarajar Road, Gandhi Nagar, Sivakasi, Virudhunagar District..
... Petitioner/Rank and Name not Mentioned in FIR Vs The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch (DCB), Virudhunagar.
Crime No.8/2024.
... Respondent/Complainant For Petitioner : Mr.Rajakumar.C, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervener : Mr.R.Senthil Kumar, Advocate 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.8 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner / Accused, who apprehends arrest at the hands of the respondent Police for the offence under Sections 408, 420, 465 and 477A of IPC in Crime No.8 of 2024 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is running a business and the husband of the petitioner was working as a Manager in that Company. It is alleged that Accused No.1 had misappropriated the Company funds to the tune of Rs.1,14,00,000/-. On the same being detected, he gave postdated cheques to the tune of Rs.50 Lakhs in favour of the defacto complainant. The defacto complainant later found that Accused No.1 did not have sufficient funds in his account. It is under these circumstances, a complaint came to be filed before the respondent Police.
3. When the matter came up for hearing on 18.12.2024, this Court, on hearing both sides, passed the following order:
"The petitioner shall appear before the respondent Police and produce her entire Bank account details to the respondent Police. The respondent Police is directed to record the statement of the petitioner 2/5
and also collect the Bank account details of the petitioner. Thereafter, a report shall be filed during the next date of hearing.
2. Registry is directed to post this case on 03.01.2025. In the meantime, the petitioner shall not be arrested by the respondent Police."
4. When the matter was taken up for hearing today, the Investigating Officer has filed a status report. The relevant portion in the status report is extracted hereunder:
"8. It is further submitted that there after the respondent police issued a summon to the petitioner on 20/12/2024 and after receiving the summon the petitioner was appeared before the respondent police on 24/12/2024 and furnish her bank account details along with bank statements. Then the respondent police recorded her statement by following due process of law. Both Al and petitioner were spouses. There is no source of income for the petitioner at the time of the check period. The total amount transaction done in the petitioner bank account with the tune of Rs.5,22,653/-. In that the complainant's company's cheque bearing no.501767 tune of Rs.20,000/- on 25/10/2023 has been transferred 3/5
to the petitioner's bank account. The petitioner claims that the amount is a bonus amount received by Al from the company. Moreover the investigation reveals that the petitioner bank account was operated by the Al alone. So far this petitioner was not arrayed as an accused in this case. Now the investigation of this case is under progress and several records relating to this case were yet to be collected."
5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the first respondent and the learned counsel appearing for the intervener.
6. Taking into consideration the facts and circumstances of the case and the statement recorded from the petitioner and the stand that has been taken by the Investigating Officer, it is quite clear that this petitioner has so far not been arrayed as an accused. Therefore, there is no apprehension of arrest for the petitioner for the present. The Investigating Officer has stated that the investigation is in progress and several records are yet to be collected in this case. Hence, if at any future point of time, any material is collected against the petitioner and the petitioner is arrayed as an accused and the petitioner apprehends arrest at that point of time, it is left open to the petitioner to move an appropriate petition and work out her remedy. 4/5
7. This Criminal Original Petition stands disposed of in the above terms. sd/- 03/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH (DCB), VIRUDHUNAGAR.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.R.SENTHIL KUMAR, Advocate SR.No.285 (F) DT.03/01/2025
ORDER
IN CRL OP(MD) No.22292 of 2024 Date :03/01/2025 SA/SKN/SAR. /17.01.2025/5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5