S.Arul v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19115 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 : M/S. 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 for the offence punishable under Sections 406, 420, 468 and 471 of IPC in Crime No.19 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused A1 gave a false assurance to the de-facto complainant and her husband that he would get an Office assistant job in Animal husbandry for her through his friends and received a sum of Rs.7,00,000/- and he neither secured the job nor returned the money. Hence, the respondent police registered a case against the petitioner and other accused persons.
3. It is borne out by record that persons in the higher echelons of the Governmental machinery are alleged to have been involved in the job racketing and they have allegedly received illegal gratification for doing certain illegal acts. The amount alleged to have been given by the de-facto complainant to the petitioner is in the form of bribe for getting a government job. Since giving and receiving bribe is an offence, this case comes under Prevention of Corruption Act and this court by its order dated 21.10.2021 directed to transfer the case to DVAC and the said investigation is transferred to DVAC. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl.Side) submitted that the case is transferred to DVAC and the investigation is pending. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, since the investigation is pending, this court is not inclined to grant anticipatory bail to the petitioner.
-sd/- 29/10/2021 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 JUDICIAL MAGISTRATE, NO.I, TIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUVALLUR DISTRICT CRIME BRANCH POLICE STATION, THIRUVALLUR.
4 THE DEPUTY SUPERINTENDENT OF POLICE, DIRECTORATE OF VIGILANCE & ANTI-CORRUPTION, THIRUVALLUR 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.G.KAVIYARASU Advocate on payment of necessary charges CRL OP.19115/2021 Date :29/10/2021 APN 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/