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Madras High CourtCRL MP/13156/2022modified

V.Chandran v. State Rep By The Inspector Of Police

2022-08-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.M.P.No.13156 of 2022 in Crl.O.P.No.14775 of 2022 G.K.ILANTHIRAIYAN, J.

This petition has been filed to modify the condition imposed in Para No.6(b) "The petitioner shall pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the defacto complainant by way of Demand Draft" in Crl.O.P.No.14775 of 2022 order dated 05.07.2022.

2. The case of the prosecution is that the 1st petitioner herein, upon false promise to secure a Assistant Public Relationship Officer job for the defacto complainant's son, received a sum of Rs.22,00,000/-. The petitioner failed to arrange the job and also had not returned the amount to the defacto complainant. Earlier, the defacto complainant had lodged a complaint on 06.09.2021; enquiry was conducted by the respondent police, wherein the 1st petitioner herein appeared and sought time for repayment and subsequently issued a cheque for a sum of Rs.20,00,000/-, which was returned as unpaid when presented for realisation. Hence, the complaint.

3. This Court granted anticipatory bail to the petitioner on condition that the petitioner shall pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the defacto complainant by way of Demand Draft. The present petition has been filed to modify the condition imposed by this Court.

4. The learned counsel for the petitioner would submit that the petitioner is also one of the victims and he had paid a sum of Rs.40,00,000/- to one Stella, to get a job and also received a sum of Rs.20,00,000/- from the defacto complainant.

https://www.mhc.tn.gov.in/judis

G.K.ILANTHIRAIYAN, J.

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5. The petitioner herein lodged a complaint before the Superintendent of Police, Vellore, on 24.11.2021. However, the said complaint was not considered and as such, the daughter-in-law of the petitioner was constrained to file a petition under Section 156(3) of Cr.P.C for direction before the learned Judicial Magistrate No.IV, Vellore in C.M.P.No.10531 of 2021. The learned Judicial Magistrate No.IV, Vellore, by an order dated 29.11.2021, in C.M.P.No.10531 of 2021, directed the Inspector of Police, District Crime Branch, Vellore, to investigate the same. Now, the investigation is pending. Therefore, the petitioner is one of the victims. However, the persons who received the money from the petitioner as well as the defacto complainant have not been arrayed as accused in this case. The enquiry is pending on its file.

6. Therefore, this Court is inclined to modify the condition imposed by this Court while granting anticipatory bail on 05.07.2022 in Crl.O.P.No.14775 of 2022. Accordingly, one of the conditions imposed as against the petitioner that "the petitioner is directed to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the defacto complainant by way of Demand Draft within a period of two weeks", is deleted and the other conditions shall remain intact.

7. Accordingly, this Criminal Miscellaneous Petition is ordered. 24.08.2022 (1⁄2) mn Crl.M.P.No.13156 of 2022 in Crl.O.P.No.14775 of 2022 https://www.mhc.tn.gov.in/judis