Danielraj v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.10.2020

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16387 of 2020 Danielraj ... Petitioner Vs.

State rep.by The Inspector of Police, CCB, Team IX, Vepery, Chennai (Crime No.140 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.140 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.R.Rafi Babu For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(B) and 420 of IPC, in Crime No.140 of 2020, on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution as per the defacto complainant viz., R.Pushparaj is that, he had completed B.E., ECE and had earlier worked in U.A.E. and during the year November, 2015, one John got introduced to him and the said John had informed him that he knows several VIPs and highly placed and influential government officials and also promised him that he would be able to get him a Government Job through one Danial Raj, who is a PA to the former Chief Secretary Thiru Ram Mohan Rao. Thereafter, the defacto complainant had met both of them and they have informed that he would have to pay a sum of Rs.13,00,000/- for getting the Job. Later, the defacto complainant had paid an amount of Rs.11,00,000/- to the accused persons, out of which, a sum of Rs.6,00,000/- was paid to Danial Raj by cash and remaining amount viz., Rs.5,00,000/- was routed to Danial Raj's account through NEFT. Later, the defacto complainant came to know that the said John and Danial Raj have cunningly cheated him. Hence, the complaint.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that a case of financial transaction and dispute has been projected as a case of job racketing. Hence, he prays for grant of anticipatory bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with one John claiming themselves to the influential persons, known to several VIPs and highly placed Government Officials, have induced the defacto complainant on the promise of securing Government Job and cheated him. He would submit that the accused have cheated the defacto complainant in an organized manner and apart from the defacto complainant, they have also cheated several other persons. They have made defacto complainant to believe by conducting a bogus exam at an examination center at Choolaimedu and apart from the defacto complainant, four other persons have also attended the exam. During the bogus exam, the accused have even set up an invigilator and conducted the exam and thereafter, it was found that every thing was a drama. He would further submit that the petitioner is a habitual offender/conman and he has cheated several persons in a similar manner and that there are ten previous cases against the petitioner and the details are given below.

S.No.

Cr.No.

Complaina nt Amount cheated Reason Stage 1.

CCB Cr.No.372/13 u/s 34 IPC Kuppusamy 16 Lakhs Arranging TNEB job to his son PT 2.

CCB Cr.No.161/18 u/s 419, 420, 109 r/w 34 IPC Jeyanthi and others 71.66 Lakhs APRO, LAB Asst. and Other jobs UI 3.

CCB Cr.No.271/18 u/s 420 IPC Narayanas wamy and 3 others 1.5 crores Getting sand quarry contract UI 4.

CCB Cr.No.492/18 u/s 420 IPC Ayyanar 3.5 crores Getting sand quarry contract UI 5.

CCB Cr.No.495/18 u/s 420, 56

(1) r/w 34 IPC Radhakris hnan and 6 others 1.55 crores Teachers job to 5 people & MBBS seat UI

S.No.

Cr.No.

Complaina nt Amount cheated Reason Stage 6.

CCB Cr.No.67/19 u/s. 420, 294 (b), 506(II) IPC Durai and 17 others 90 Lakhs Getting Govt.

Jobs UI 7.

CCB.

Cr.No.180/19 U/s.

406, 420, 465, 467, 468, 471, 506(i) IPC Rajendran 2.04 Crores Getting Govt.

jobs UI 8.

CCB Cr.No.

166/19 U/s.419, 420 r/w 34 IPC Sarojadev i 99,50,000/- Getting Govt Jobs for candidate s UI 9.

CCB Cr.No.17/2020 U/s.

419, 420, 506(i) r/w 34 IPC Narayanan . G 14,00,000/- Getting TNPSC VAO Job UI 10.

CCB Cr.No.140/202 0 U/s. 120 (B), I.P.C.

R.Pushpar aj 11,00,000/- Arranging Airport Job UI The learned Additional Public Prosecutor would further submit that the case is in the initial stage and the custodial interrogation of the petitioner is essential.

Heard the Counsels on both sides.

Taking into consideration the allegations and also the bad antecedent of the petitioner and the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/10/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 INSPECTOR OF POLICE, CCB, TEAM IX, VEPERY, CHENNAI.

CC to M/S. R.RAFI BABU Advocate on payment of necessary charges CRL OP.16387/2020 Date :16/10/2020 RVR 03/11/2020