S.Arul v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fourth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13494 of 2021 S.ARUL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVALLUR DISTRICT CRIME BRANCH POLICE STATION, THIRUVALLUR.
(CR.NO.19/2021) For Petitioner : M/S.G.KAVIYARASU Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) 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 alleged offence under Sections 406, 420, 468 and 471 IPC in Cr.No.19 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant and her husband had acquainted with the petitioner. He promised to get employment for the defacto complainant through his friends. Believing the words of the accused persons, the defacto complainant made initial payment to the tune of Rs.6,00,000/- in the presence of A2 and A3. Again on 05.02.2020, the defacto complainant had handed over another sum of Rs.6,00,000/-. Thereafter when the defacto complainant asked for job, the accused person did not give any proper reply. While being so, despite of his repeated request for return of amount, it did not yield any fruitful result from the accused persons. Hence the defacto complainant lodged a police complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and he https://hcservices.ecourts.gov.in/hcservices/
did not receive any from the defacto complainant and prays for grant of anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the investigation is pending in this case and the petitioner herein has created fake appointed order and intended to cheat the petitioner and strongly opposed to grant anticipatory bail.
5. In the recent past, this Court comes across very many cases involving these kind of offences, wherein the accused persons knowing very well that the post in Government Departments are filled by the Tamil Nadu Public Service Commission through direct recruitment, giving false promises to secure government job, with an intention to grab money from the innocent persons, who are longing for jobs due to unemployment.
6. Considering the facts and circumstances of the case, this Court is of the view that it appears that the petitioner herein has created fake Appointed Order with an intention to defraud the defacto complainant. Hence, I am inclined not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 04/08/2021 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, THIRUVALLUR DISTRICT CRIME BRANCH POLICE STATION, THIRUVALLUR.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.G.KAVIYARASU Advocate on payment of necessary charges CRL OP.13494/2021 Date :04/08/2021 CSK 13/08/2021 https://hcservices.ecourts.gov.in/hcservices/