Kumaresan @ Csk Kumaresan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.1077 of 2022 KUMARESAN @ CSK KUMARESAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VELLORE POLICE STATION, VELLORE DISTRICT.

CRIME NO.21 OF 2021.

For Petitioner : M/S.R.THANGAMANI Advocate For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. 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 406, 465, 468, 471, 420, 294(b), 506(1) & 120(b) of IPC 1860, in Crime No.21 of 2021 seeks anticipatory bail.

2. This is the second anticipatory bail application was filed before this Court. The case of the prosecution is that the petitioner along with other accused persons had cheated the defacto complainant and other victims for a sum of Rs.13,00,000/- under the guise of securing Government Job from Various Departments. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that based on the confession of co-accused, the petitioner was falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor appearing for the respondent police has filed a counter affidavit before this Court, stated that the petitioner had defrauded 147 persons of over Rs.4.67 Crores by claiming that he was getting Government Job for them. He further submitted that co-accused had already been arrested and remanded to judicial custody and the petitioner has issued fake appointment order of various departments to the victims and the copy of the fake appointment has been produced before this Court. He further submitted that earlier application was dismissed by this Court in Crl.O.P.No.23175 of 2021 dated 03.12.2021 and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner is involved in a very serious offence and the earlier application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 24/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VELLORE POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.THANGAMANI Advocate on payment of necessary charges CRL OP.1077/2022 Date :24/01/2022 TA-07/02/2022 https://hcservices.ecourts.gov.in/hcservices/