Devapriyan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11607 of 2022 DEVAPRIYAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB-I, CHENNAI CHENNAI-600 008 CRIME NO.8 OF 2022.
For Petitioner : M/S.A.RAMESH, Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 408, 420, 477 A and 34 IPC in Crime No.8 of 2022, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, along with the other accused, received a sum of Rs.7,00,000/- from the de-facto complainant to get a job in the Department of Food Corporation of India. A2 fabricated training instruction documents and served the same to the de-facto complainant. Accordingly, the de-facto complainant went to the office of A2 /Company for training in the Food Corporation of India. Thereafter, it was found to be a fabricated one and the petitioner refused to return the amount which was received from the de-facto complainant, based on which the present case has been registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner has nothing to do in the crime as alleged by the prosecution. The petitioner is an Engineering graduate and the 1st time graduate in his family. A false case has been foisted against the https://hcservices.ecourts.gov.in/hcservices/
petitioner for the reason that the petitioner was illegally detained. Thereafter, the petitioner filed a petition in W.P.No.22278 of 2021 seeking judicial enquiry into the illegal custody of the petitioner, which is pending before this Court.
4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the investigation is still pending and he vehemently opposed for grant of anticipatory bail to the petitioners.
5. On a perusal of the First Information Report, it shows that the petitioner is arrayed as A1, who along with the other accused, posed himself as Customs Officer and received a sum of Rs.7,00,000/- from the de-facto complainant to obtain job in Food Corporation of India and thereafter, he also fabricated the documents and gave training to the de facto complainant in the office of A2/Company. Considering the facts and circumstances of the case and that as the petitioner has committed very serious offences, the custodial interrogation of the petitioner is very much required in this case and hence, this Court is not inclined to grant anticipatory bail to the petitioner.
7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/05/2022 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, CCB-I, CHENNAI CHENNAI-600 008 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.11607/2022 Date :19/05/2022 TA-25/05/2022 https://hcservices.ecourts.gov.in/hcservices/