Mahesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8721 of 2022 1 MAHESH [ PETITIONERS / ACCUSED ] 2 RAMESH Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PARAVAKOTTAI POLICE STATION, THIRUVARUR DISTRICT.

CRIME NO.43 OF 2022.

For Petitioner : M/S N.BALAJI Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehending arrest for the alleged offence under Section 294(b), 420 and 506(ii) of I.P.C., in Crime No.43 of 2022, on the file of respondent police, seeks anticipatory bail.

2. It is case where the defacto complainant being aggrieved by the false promise made by the petitioners to provide him job in Australia. A sum of Rs.10 lakhs has been paid in three instalments. However, the petitioners, instead of arranging job at Australia has taken the defacto complainant's husband on tourist visa to Dubai and since the papers were not in order, the Immigration Authority at Dubai has deported the petitioner's husband back to India.

3. The Learned Counsel for the Petitioner would submit that the husband of the petitioner was facilitated to get admission in Fuji Islands for which the petitioners were acting as a representatives of the Overseas manpower agent and also running a travel agent. The money was directly paid to the Overseas Agencies and he is a https://hcservices.ecourts.gov.in/hcservices/

commission agent used to get only commission. Further, even now, the petitioners are ready to arrange study at Fuji but the husband of the defacto complainant is not ready.

4. Taking note of the fact that the petitioners have entice the defacto complainant promising Green Card across the Country and had promised first to take to Australia and then to Dubai and ultimately landed in Dubai with improper immigration paper clearly indicates that, the intention is to deceive the defacto complainant by the petitioners at inception. Since custodial interrogation of the petitioners are required to ascertain the gravity of crime and involvement of these petitioners in the said offence. Hence, this Criminal Original Petition is dismissed.

-sd/- 18/04/2022 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, PARAVAKOTTAI POLICE STATION, THIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S N.BALAJI Advocate on payment of necessary charges SR.NO.5861 CRL OP.8721/2022 Date :18/04/2022 TA-21/04/2022 https://hcservices.ecourts.gov.in/hcservices/