K.Dayanithi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Fifth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.4219 of 2022 K.DAYANITHI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PREVENTION OF EMPLOYMENT FRAUD WING, TEAM NO.36, CENTRAL CRIME BRANCH(CCB), CHENNAI.
(CCB. CRIME NO.245 OF 2021) For Petitioner : M/S W.M.ABDUL MAJEED Advocate For Respondent : MR. L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 26.12.2021 for the offence under sections 417, 465, 468 read with 34 and 120-B IPC, in CCB Crime No.245 of 2021 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioners along with other accused misused the Logo of the Central Government Organization and conducted fake interview for recruiting persons for various posts and thereby cheated about 100 persons to the tune of Rs.1,50,00,000/-. Hence, the complaint.
3. The learned counsel for the petitioner would submit the petitioners are one of the victims in this case. At the instance of one of their friend, where A2 and A3 told them that they were selected and appointed as District Co-ordinator of the organization run by them and the petitioners were asked to be present during the interview
conducted by them at Tirupattur on 26.12.2021. Hence, the petitioners were merely present at the site and they did not commit any offence as alleged by the prosecution. Earlier, the petitioners were included as witnesses in this case and later falsely implicated and that they have been suffering incarceration for more than 64 days from 26.12.2021. Hence, he prays for grant of bail to the petitioners.
4. The learned Government Advocate (Crl.Side) raised objection for granting anticipatory bail to the petitioners stating that it is a case of job racketing. The petitioners along with other accused conducted fake interviews by using the logo of the Central Government Organization under the guise of recruiting persons for various posts and thereby cheated about 100 persons to the tune of Rs.1,50,00,000/- and that no amount has been recovered. He would further submits that the petitioner's bail petition was earlier dismissed by this Court in Crl.OP.No.2232 of 2022 dated 02.02.2022.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of offence committed by the petitioner and further there is no change of circumstances after the dismissal of the petitioner's earlier bail petition, this court is not inclined to grant bail to the petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/02/2022 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, PREVENTION OF EMPLOYMENT FRAUD WING, TEAM NO.36, CENTRAL CRIME BRANCH(CCB), CHENNAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S W.M.ABDUL MAJEED Advocate on payment of necessary charges SR.NO.2990 CRL OP.4219/2022 Date :25/02/2022 JPA 03/03/2022