Meganathan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18.11.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.15962 & 16211 of 2020 Meganathan ... Petitioner inCrl.O.P.No.15962 of 2020 Pon.Raju ... Petitioner inCrl.O.P.No.16211 of 2020 Vs.
The State represened by The Inspector of Police Walajapet Woman Police Station, Vellore District, (Crime No.790 of 2020) ... Respondent in both Crl.O.Ps Common Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest in connection with in Crime No.790 of 2020 pending on the file of the respondent police.
For Petitioner in Crl.O.P.No.15962 of 2020 : Mr.R.Sasikumar For Petitioner in Crl.O.P.No.16211 of 2020 : Mr.B.Sundarpandiyan For Respondent in both Crl.Ops : Mr.M.Mohamed Riyaz Additional Public Prosecutor C O M M O N O R D E R (The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 420,468 & 471 of IPC in Crime No.790 of 2020 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution as per the defacto complainant viz.,Murugan who is the resident of Ranipet and one Rajendran/A3 who is the resident of Guruvarajapet, Arrakkonam had informed that there is a free house site patta issued for Sc/St Community through one Rajasekeran/A1 the Revenue Inspector of Walaja Taluk office. Accordingly the defacto complainant had met A1 and enquired about the said free house site patta and A1 had demanded Rs.25,000/- for giving road sites and thereby on the assurance given by A1 he totally collected amount of Rs.27,75,000/- from 110 persons and given to A1 through A2 in the presence of A4 and in his office located at Walaja
post office and on receipt of the said amount,A1 promised to issue patta to them after getting approval from concerned Authorities. Inspite of repeated requests,A1 issued Free house site patta during the month of October 2019 and on verification,the patta's issued by A1 were found to be bogus and the said property was a private property. On enquiry, apart from Defacto complainant,many persons were cheated and that they have received amount of Rs.17,000/- to Rs.35,000/- per patta and they have cheated several persons. Inspite of several requests they failed to return the amount. Hence, the complaint.
3.The learned counsel for the petitioner in Crl.O.P.No.15962 of 2020 would submit that the petitioner is a retired Tahsildar and that he has not committed any offence as alleged by the Defacto complainant. He would further submit that he retired as early as in the year 2009 and he has not received any amount from the defacto complainant.
4.The learned counsel for the petitioner in Crl.o.P.N-.16211 of 2020 he would submit that the petitioner is a senior citizen and that he has not received any amount from the victims and there is no specific allegation as against the petitioner. The respondent has filed a detailed counter. Hence, he prays for anticipatory bail to the petitioner.
5.The learned Additional public Prosecutor would vehemently oppose for anticipatory bail stating that the petitioner in Crl.O.P.No.15962 of 2020 is a retired Revenue official and the petitioner in Crl.O.P.No.16211 of 2020 is a person belonging to the group which had given false assurance of furnishing Free house site patta to the persons belonging to Sc/St communities and had cheated several 100's of person by receiving Rs.25,000/- each and later they also issued patta's. On enquiry they are found to be bogus pattas and investigation is pending. A1, who is the main accused has been arrested and he has been detained and the petitioners have colluded with the main accused and that the petitioner in Crl.O.P.No.
15962 of 2020 claiming to have worked in the Revenue Department has induced several thousands to pay money and that A4 has also received money from several persons and handed over to main accused. Several persons were cheated and investigation is still pending. 6.Taken into consideration of the facts and submissions made by the counsels, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, these Criminal Original Petitions are dismissed.
-sd/- 18/11/2020 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 JUDICIAL MAGISTRATE, NO.II, WALAJA 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, WALAJAPET POLICE STATION, VELLORE DISTRICT.
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges Crl.O.P.Nos.15962 & 16211 of 2020 Date :18/11/2020 RVR 10/12/2020