D.S.Devendran v. The 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.18879 of 2021 D.S.DEVENDRAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THIRUVALLUR DISTRICT.

CRIME NO.21 OF 2021.

For Petitioner : M/S. GANESHA MOORTHY B. 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 alleged offence under Sections 406 and 420 of IPC in Cr.No.21 of 2021, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein has received a sum of Rs.7,00,000/- from the de-facto complainant on the basis of a false promise that he will secure a Government job for his wife in the Animal Husbandry Department. Thereafter, the petitioner neither secured the job nor returned the money to the de-facto complainant. Hence, the law enforcing agency registered a case against the petitioner.

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. Hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner induced the de-facto complainant saying that he will secure a Government job for his wife and cheated a huge sum of money. He further submitted that this Court of its order dated 20.10.2021, transferred the investigation to Directorate of Vigilance and AntiCorruption and the same was pending before the DVAC. He further https://hcservices.ecourts.gov.in/hcservices/

submitted that the Directorate of Vigilance and Anti-Corruption requires a time period of 6 weeks to conduct the preliminary enquiry.

5. Considering the gravity of the offence committed by the petitioner and since it is related to the Prevention of Corruption Act and since the investigation is not completed, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -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 INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

Copy To:

THE DEPUTY SUPERINTENDENT OF POLICE, DIRECTORATE OF VIGILANCE & ANTI-CORRUPTION, TIRUVALLUR.

CC to M/S. GANESHA MOORTHY B. Advocate on payment of necessary charges CRL OP.18879/2021 Date :29/10/2021 TA-16/11/2021 https://hcservices.ecourts.gov.in/hcservices/