Navas Ahamed v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2024 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Navas Ahamed, ... Petitioner/1st Accused Vs The Inspector of Police, Palani Town Police Station, Dindigul District, Crime No.329/2023.
... Respondent/Complainant For Petitioner : Mr.T.Leninkumar,Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.329/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A1, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 420, 406, 468, 465 and 120(B) IPC, in Crime No.329 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant lodged a 1/4
complaint stating that one Senthil, who is A2 herein is working in the Transport Department, Palani. On coming to know that the de-facto complainant's daughter is searching for job, he promised to arrange job for her stating that one Navas Ahamed, Venkatesh and Mani are running an Institution called 'Benchmark Global Education and Carrier', for arranging job in the Government Departments. On 15/02/2019, they demanded Rs.20,00,000/- for arranging appointment order. An advance amount of Rs.2,00,000/- was paid. Later, Rs.1,30,000/- was paid. On 26/06/2019, he received an appointment order. That was taken to Delhi and from there to various places. On 10/07/2019, he gave Rs.16,70,000/- to Senthil and Navas Ahamed. Later, they received an appointment order, on 06/01/2022 with the signature of the Department officials.
They came to know that they were cheated and the above said appointment order was fake one. On that account, he lodged a complaint, upon which, a case in Crime No.329 of 2023 has been registered for the offences stated above. 3.Seeking anticipatory bail, A1 to A4 were before this court. 4.When the matter was taken up for hearing, earlier it was referred to the Mediation and Conciliation Centre, attached to this Bench, for exploring the possibility of settlement, but no settlement could be arrived between the parties. So, the matter was referred back to the Court.
5.Heard both sides.
2/4
6.Prima facie, it is seen that it is a large scale cheating involving huge amount with fabrication of Government Appointment Orders. So, this is a grievous nature of the offence.
7.The Intervenor also appeared through his Advocate and it was submitted that believing the words of the accused, he paid the money. After prolonging the matter for several months, that too taking the de-facto complainant to various places, only after that, he came to know that it is a clear case of cheating. 8.The entire CD file has been called for and perused. 9.A1 gave a complaint against Pandimeena stating that she is responsible for the above said issue. Out of the above said total amount, from his transfer account, Rs.2,50,000/- was returned by him. But later failed to appear before the respondent for completing the investigating process.
10.The fake appointment orders are also available in the CD file, which shows that a large scale network is involved. Simply because the cheque was issued by one Pandimeena and over which, a case has been filed by the de-facto complainant, the criminal activities of the petitioners cannot be erased. The offence of such nature requires thorough investigation by subjecting all the accused persons to custodial interrogation.
11.Considering the grievous nature of the allegation, the earlier applications 3/4
filed by the petitioner along with co-accused were dismissed by this Court. Now, I find no change of circumstances to entertain this petition. 12.In the result, all the criminal original petition is dismissed. sd/- 11/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.519 of 2024 Date :11/01/2024 PKP/JGB/SAR /02.02.2024/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4