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Madras High CourtCRL OP/2221/2019dismissed

Aravin Prabhu v. The Inspector Of Police

2019-02-14Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION Nos.2221, 1932 & 1965 of 2019 ARAVIN PRABHU [ PETITIONER / ACCUSED IN CRL.OP.NO.2221 OF 2019 ] K.BALAN [ PETITIONER / ACCUSED IN CRL.OP.NO.1932 OF 2019 ] 1 K.SELVARAJ [ PETITIONERS / ACCUSED 2 K.UDAYAKUMAR IN CRL.OP.NO.1932 OF 2019 ] 3 K.ABDUL BARI KAMAL BATCHA 4 S.KOSIMANI 5 B.MURUGADASS Vs THE STATE REP. BY ITS [ RESPONDENT / THE INSPECTOR OF POLICE IN CRL.OP.NO.2221 & 1965 OF 2019 ] DISTRICT CRIME BRANCH, THIRUVARUR DISTRICT.

CR.NO.17 OF 2018.

THE STATE REP. BY [ RESPONDENT / THE SUB INSPECTOR OF POLICE IN CRL.OP.NO.1932 OF 2019 ] DISTRICT CRIME BRANCH, THIRUVARUR DISTRICT.

CR.NO.17 OF 2018.

For Petitioner : M/S.GREETHA SENTHILKUMAR Advocate [ IN CRL.OP.NO.2221 OF 2019 ] For Petitioner : M/S.R.SETHUVARAYAR Advocate [ IN CRL.OP.NO.1932 OF 2019 ] For Petitioner : M/S.D.MUTHUKUMARAPPA Advocate [ IN CRL.OP.NO.1965 OF 2019 ] For Respondent : M/S.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR [ IN ALL THE PETITIONS ] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offence publishable under Sections 120 (B), 406, 408 & 420 of IPC in Crime No.17 of 2018 on the file of the respondent police, seeks anticipatory bail.

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2. Going by the facts and circumstances of the case, this Court is not inclined to grant Anticipatory Bail to the petitioners and this case involves totally 32 victims from whom a sum of Rs.46,85,000/- has been taken with a promise to get them permanent jobs in the Health Department. The learned Counsel appearing for the petitioners in Crl.O.P.No.1965 of 2019, stated that the person behind the whole crime was the former Deputy Director Mr.Senthil kumar and it was only on his directions, everything happened in this case and he has been left out and the innocent persons have been made as accused persons.

3.In the considered view of this Court, the respondent police has to necessarily conduct a thorough investigation since a major scam has taken place in the health Department involving 32 victims who had paid nearly a sum of Rs.46,85,000/- in order to make their jobs permanent. Ultimately a scam of this nature should not have taken place in a Government Department and if the former Deputy Director Mr.Senthil Kumar is also involved in this whole episode, he has to be necessarily made as an accused person and the respondent police has to proceed against him also, in accordance with law. 4.In the result, all these Criminal Original petitions are dismissed.

-sd/- 14/02/2019 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, THIRUVARUR DISTRICT.

2 THE SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THIRUVARUR DISTRICT, THIRUVARUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.GREETHA SENTHILKUMAR Advocate on payment of necessary charges CRL OP.Nos.2221, 1932 & 1965 of 2019 Date :14/02/2019 MLT-20/02/2019 https://hcservices.ecourts.gov.in/hcservices/