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2018 Supreme(Mad) 2746

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, J.
S. Priya and Ors. – Appellants
Vs.
The State – Respondent
Crl. R.C. Sr. No. 40027 of 2017
Decided On : 31-05-2018

Advocates Appeared:
For the Appellant : R. Prabakaran

Headnote:

Indian Penal Code, 1860 - Sections 408, 420, 465, 468, 471 and 477 – Criminal Procedure Code, 1973 – Sections 11, 397, 401, 482, 437 and 439 - Information Technology Act, 2000 - Sections 65 and 66 - Purchase of Shares and Debentures - Defacto complainant in this case is one Company Secretary & Compliance Officer of Asset Management Company Limited - It is business of Company to manage financial portfolio of their clients for which company had appointed four named persons as authorized signatories who were empowered to enter into individual agreements with clients for managing their finances - Since clients are not conversant with nitty gritty of share transaction they would make available their finance with company and would rely upon wisdom of company in making investments - Four authorized signatories were permitted to have demit account on behalf of clients for purpose of share transactions - Decisions will be taken on behalf of clients by company and money that is kept in trust belonging to client will be used or purchase of shares and debentures - While so Petitioner was appointed as Manager-Customer Relations some time and she knew business activities of company - A colleague of abruptly left company some time and Company suspected that has shared some confidential information with said as he had joined their competitor - Therefore services of was terminated – Held, Therefore when an individual behaves in a disharmonious manner ushering in disorderly things which society disapproves legal consequences are bound to follow - At that stage Court has a duty - It cannot abandon its sacrosanct obligation and pass an order at its own whim or caprice - It has to be guided by established parameters of law - Here in case in hand since allegation made against petitioners is very serious in nature and in that context even if petitioners were not inclined to appear before Court or surrender before Court for consideration of bail petition and in context of invocation conduct of parties to mind of this Court cannot be considered to be a responsible and accountable act of a citizen or a member of society - Therefore in that context also petitioners are undeserved to claim any liberty by filing bail petitions without complying with mandatory provisions of law and therefore in that context also plea raised by petitioners are not worthy to be considered and their hue and cry are undeserved to be considered for grant of bail - Order Accordingly.

ORDER :

R. Suresh Kumar, J.

1. This Criminal Revision Case was filed against the order passed by the learned Principal Sessions Judge, Chennai in Crl.M.P. No. 13279 of 2017 in Crime No. 220 of 2016, on the file of the Sub Inspector of Police, Central Crime Branch Team-III, Vepery, Chennai, by order dated 06.09.2017. The revision petitioners against whom, the case was registered by the respondent police for the alleged offences punishable under Section 65 & 66 of Information Technology Act and under Sections 408, 420, 465, 468, 471 and 477(A) of IPC, had moved petitions for anticipatory bail before this Court in Crl.O.P. Nos. 3611 and 4176 of 2017. The said petitions were dismissed by a learned Judge of this Court by order dated 05.07.2017 where, the learned Judge has traced the facts of the case, which are re-produced hereunder for easy reference:

"The defacto complainant in this case is one Soundarrajan, Company Secretary & Compliance Officer of Sundaram Asset Management Company Limited (hereinafter called as the Company). It is the business of the Company to manage the financial portfolio of their clients, for which the company had appointed four named persons, as authorised signatories, who were empowered to enter into individual agreements with clients for managing their finances. Since the clients are not conversant with the nitty gritty of share transaction they would make available their finance with the company and would rely upon the wisdom of the company in making investments. The four authorised signatories were permitted to have Demat account on behalf of the clients for the purpose of share transactions. Decisions will be taken on behalf of the clients by the company and the money that is kept in trust belonging to the client will be used "or purchase of shares and debentures. While so, Priya, Petitioner in Crl.O.P. No. 3611 of 2017 was appointed as Manager-Customer Relations some time in the year 2006 and she knew the business activities of the company. One Balaji Vaidyanathan, a colleague of Priya abruptly left the company some time in the year 2014 and the Company suspected that Priaya has shared some confidential information with the said Balaji Vaidyanathan, as he had joined their competitor. Therefore, the services of Priya was terminated. Thereafter, when the laptop provided to her by the company was scrutinised, it revealed startling information, it was found that Priya had opened two accounts in the name of S.V. Consultants and Sun Shine Associates and those two companies were started in the name of her brother, namely, Vincent and her mother, Juliet, Petitioner in Crl.O.P. No. 4176 of 2017. Further, enquiry conducted by the company revealed that Priya had issued instructions in the name of the four authorised signatories to transfer monies of the clients amounting to Rs. 1,29,00,000/- to the said account over a period of time and thus, siphoned off the amount. Hence, the FIR."

"From the records produced by the learned Additional Public Prosecutor, it is seen that the complaint in this case has been submitted by Sundaram Asset Management Company to the Deputy Commissioner of Police on 09.03.2016, as could be seen from the date seal of the office of the Deputy Commissioner of Police and the matter was referred to Commissioner of Police on the same day for enquiry. As usual, the police were dragging their feet without registering the FIR and ultimately they registered FIR only on 01.09.2016. Perhaps they would have made preliminary enquiry before registration of the same.

If viewed in this background, Priya has given the complaint before National Commission for Women only on 11.03.2016 and the allegation made in her complaint that she had left her company's laptop in her desktop, which was misused by the company, does not cut ice with this Court. The Police have filed a detailed counter, wherein it is shown that out of a sum of Rs. 6,24,00,000/- Priya has purchased immovable properties in various places in Anna


















































































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