Venkatraman v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 14.03.2022 Pronounced on : 16.03.2022 Coram::
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Criminal Original Petition No.5872 of 2022 Venkatraman, S/o.Citybabu, No.111, 'S' Block, Perumbakkam, Chennai.
... Petitioner/Accused No.3 /versus/ The State represented by, The Inspector of Police, K-3, Aminjikari Police Station, Chennai District.
(Crime No.118 of 2022) ... Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.118 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.V.Ramachandran For Respondent : Mrs.G.V.Kasthuri, Additional Public Prosecutor
O R D E R
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The petitioner, who was arrested for the offences punishable under Sections 365, 368 of IPC @ 365, 368, 323, 324, 392, 506(ii) of I.P.C, in Crime No.118 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution:- The petitioner herein is shown as 3rd accused out of 10 accused arrested in the case of kidnap and demand of ransom of Rs.20,00,000/-. As per the prosecution case, based on the written complaint dated 27/01/2022 given by one Mr.Hakeem of Vadakarai, Periyakulam, Theni District stating that his son Abdul Jaffer and his employee Mr.Tafque came to Chennai on 01/01/2022 in connection with their business, his son was in contact over phone till 20/01/2022. Thereafter, he did not call him. On 21/01/2022, he received a call from Cell No.7305614101 and the caller identified herself as wife of Mr.Tafque and told him that, she received a unanimous call informing that her husband (Mr.Tafque) and Abdul Jaffer (son of the defacto complainant) have cheated Rs.20,00,000/- so they are detained by them. They will be set free only if they get back the money. The defacto complainant came to Chennai on 22/01/2022, got the Page No.2/7
cell number of the person who called the wife of Mr.Tafque. When he called that number, the man who answered the call told him that his son received Rs.20,00,000/- and not returned. Mr.Tafque has assured to return the money within two days, till then they will not set them free. On 26/01/2022, he received a call from cell No.8939111080 and the caller threatened him that he has not received the money so far, if Mr.Tafque fail to pay the money, Mr.Abdul Jaffer and Mr.Tafque will be cut into pieces and thrown to sea.
3. On receipt of this complaint, the respondent police has traced the calls and rescued Mr.Abdul Jaffer on 28/01/2022 from the residence of Alphonse (A-7). The persons, who were guarding Abdul Jaffer were arrested. Mr.Tafque and one Jaleel were rescued from the house of John (A-1). The persons guarding them were arrested.
4. From the further investigation and the statements of arrested persons and the victims, who were illegally detained, discloses that Abdul Jaffer and Mr.Tafque came from Theni to Chennai on 02/01/2022 to buy diamonds from Jaleel Rahman. Since Jaleel Rahman informed them he is in Nellore, they both Page No.3/7
went to Nellore and met Jaleel Rahman. On 06/01/2022, they both returned from Nellore with diamonds after transferring a sum of Rs.1,86,000/-. Next day, one John met them in the lodge at Aminjikarai and told them he know a person who deal with diamonds and he will offer good price for the diamond they have. Believing his words, they both went with John in a car. Mr.John took them to a burial ground at Thiruporur. There are about 10 persons rounded up them and attacked. They took away the diamonds and gold chain of Tafque. The entire night they were kept as captive and tortured. Next day, they were taken to a lodge at Thiruporur in a two wheeler and kept them as captive. They were shifting them from one place to another. On the information given by them about Jaleel, who is the supplier of the diamond, on 26/01/2022, some of the accused persons went to Nellore along with Tafque and kidnapped Jaleel and brought Jaleel to Chennai and detained him at the house of John. All three were beaten and put under life threat till the police rescued them.
5. The role of this petitioner as spoken by himself and the others is that, he as part of the kidnapping team and on the request of his friend John (A-1) he waited at Thiruporur burial ground along with other accused Buvaneshwaran, Page No.4/7
Sarath Babu, Alphose, Velmurgan and Babu. He gave his two wheeler TN-07CY-2086 Splender Plus, to John to pick up Abdul Jaffer and Tafque from Thiruporur bus stand. John, Suman and Rajesh brought Abdul Jaffer and Tafque to the burial ground. They both were attacked and tortured to disclose the details of the diamond supplier. They were relieved of the diamond and gold chain and later brought them to the house of John and called Tafque wife and informed her unless they are paid Rs.20,00,000/-, they will not set her husband free.
6. The investigation, thus indicates that this petitioner along with others in order to extort money involved in kidnapping Abdul Jaffer, Tafque and Jaleel Rahman. The call details among the accused persons during the relevant point of time and the confession of co-accused incriminate this petitioner his active role in the crime. Since the investigation is at very crucial stage, release of this petitioner on bail is not appropriate. Hence, this Criminal Original Petition is dismissed.
16.03.2022 bsm Index :Yes/No.
Internet :Yes.
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Speaking order/Non Speaking order To:-
1. The V Metropolitan Magistrate Egmore, Chennai.
2. The Inspector of Police,K-3, Aminjikari Police Station, Chenani.
3. The Central Prison, Puzhal, Chennai.
4. The Section Officer, V.R.Section, High Court, Madras. Page No.6/7
DR.G.JAYACHANDRAN,J.
bsm Pre-delivery order made in 16.03.2022 Page No.7/7