Balasubramanian v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl. O.P. No.7775 of 2020 1.Balasubramanian S/o. Ponnusamy Udaiyar 2.Natesan S/o. Periyasamy Udaiyar Both are residing at South street, Vayalappadi Village Kunnam Taluk Perambalur District.

.. Petitioners / Accused 6 & 7 Vs.

State rep. by Inspector of Police Kunnam Police Station Perambalur District.

.. Respondent / Complainant [Crime No.527 of 2020] Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.

For Petitioners : Mr.R.Thiagarajan For Respondent : Mr.M.Jothikumar Additional Public Prosecutor 1/5

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for alleged offence punishable under Sections 188, 269, 406, 417 and 420 IPC read with Section 51(1) of Disasters Management Act, in Crime No.527 of 2020, seek anticipatory bail.

2.The case of the prosecution is that accused persons promising to include the village people in the Labour Welfare Scheme to get Rs.1,000/- and free ration materials collected their Aadhar card, ration card and Rs.500/- to Rs.1,000/- as commission and cheated the villagers of Keelaperambalur village. On complaint, case has been registered for the offence under Sections 188, 269, 406, 417 and 420 IPC read with Section 51(1) of Disasters Management Act, in Crime No.527 of 2020.

3.The learned counsel appearing for the petitioners submitted that the petitioners are falsely implicated in this case based on the alleged confession given by A1. They have not named in the F.I.R. They are innocent and have not committed any offence as alleged by the prosecution and prayed for granting anticipatory bail.

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4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioners and other accused persons on false promise to include the names of the villagers in the Labour Welfare Scheme to get benefits, have collected Rs.500/- to Rs.1,000/- as commission and cheated the general public during the pandemic situation. On complaint, the case has been registered. The investigation is pending and hence, he prayed for dismissal of the petition.

5.Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.

6.Considering the serious nature of offence against the petitioners that they have cheated the innocent village people, collected Rs.500/- to Rs.1,000/- as commission from the villagers on false promise during this pandemic situation and investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioners.

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7. Accordingly, this Criminal Original Petition is dismissed. 29.05.2020 Index : Yes / No kj V.M.VELUMANI, J., kj To 1.Inspector of Police Kunnam Police Station Perambalur District.

2.The Public Prosecutor, High Court, Madras.

Crl. O.P. No.7775 of 2020 4/5

29.05.2020 5/5