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Madras High CourtCRL OP/32473/2022dismissed

Babu v. Inspector Of Police

2023-02-24Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.32473 of 2022 Crl.O.P.No.32473 of 2022 T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120B, 465, 466, 468, 471 and 420 of IPC in Crime No.17 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that one Moorthy (A1), who is a friend of the petitioner, had received a sum of Rs.3,75,000/- to secure a job in Army. But, he failed to do so. When the same was questioned by the de-facto complainant, A1 returned a sum of Rs.50,000/- to him. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case, since he happened to be the friend of A1. He would also submit that the petitioner has not received any money from the de-facto complainant.

On the other hand, de-facto complainant has given money only to A1, hence, the petitioner is no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that in the confession statement, A1 has admitted that he along with other two accused including the petitioner, have received a sum of Rs.1,22,00,000/- from more than 50 persons for securing job in Army. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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

Crl.O.P.No.32473 of 2022 T.V.THAMILSELVI,J.

sp 5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) appearing for the respondent police and perused the materials placed before this Court including the confession statement of A1.

6.Taking into consideration the facts and circumstances of the case and also considering the fact that a prima facie case is made out against the petitioner and that a huge amount has been involved in this case and also considering the gravity of the offence committed by the petitioner, this Court feels that a detailed enquiry is required in this matter, which may include custodial interrogation. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 24.02.2023 sp Crl.O.P.No.32473 of 2022 https://www.mhc.tn.gov.in/judis