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Madras High CourtCRL OP/7628/2018dismissed

Hemalatha, 38 Yrs, v. The Inspector Of Police,

2018-05-09Honourable Mrs Justice S. Ramathilagam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs Justice S. RAMATHILAGAM CRIMINAL ORIGINAL PETITION No.7628 of 2018 1 HEMALATHA [ PETITIONERS / ACCUSED ] 2 DHANASEKARAN Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] CENTRAL CRIME BRANCH, TEAM NO. IV, EGMORE, CHENNAI. CR.NO. 149 OF 2016.

For Petitioner : M/S.M.SENTHILKUMAR Advocate For Respondent : MR. M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest for the alleged offences under Sections 406, 408, 417 & 420 of IPC in Crime No.149 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. Heard both sides.

3. Totally there are five accused involved in this case and the petitioner is arrayed as A4. The case of the prosecution is that the petitioner joined along with other accused under in the guise of getting a medical seat for the son of the defacto complainant in the medical college, cheated the defacto complainant to the tune of Rs.4,50,000/-..

4. The learned counsel for the petitioner would submit that major allegations are aginst A1 to A3 who are stated to have received the amount and even as per the FIR they had only received the amount. He would further submit that there is no previous case pendng against him and therefore, he prays for grant of anticipatory bail.

5. The learned Additional Public Prosecutor would submit that the petitioner along with other accused cheated the defacto complainant to the tune of Rs.45,50,000/- under the guise of obtaining a medical seat for his son. According to the confession statement of the arrested accused, they divided the money among themselves and that till date, no amount has been recovered.

6. Taking into consideration the nature of allegations against the petitioner and the fact that the amount has not been so far recovered, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this petition is dismissed. -sd/- 09/05/2018 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, CENTRAL CRIME BRANCH, TEAM NO. IV, EGMORE, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.7628/2018 Date :09/05/2018 MLT-11/05/2018