Kamatchi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KAMATCHI ... PETITIONER / ACCUSED NO.6 Vs THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY, MADURAI DISTRICT.

(CRIME NO.15 OF 2023) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.T.SASIDHARAN TAMILKANI, Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) For Intervenor : M/S.V.JEYARANI, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO. 15 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 120(B), 406 and 420 IPC in Crime No.15 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant, namely, one Vasanthi is a practicing Advocate in District Court. The accused persons approached the defacto complainant as if, they will secure job in the Court below and extracted a sum of Rs.49,00,000/- and thereafter, they failed to secure any job and also refused to return the amount. Hence, the defacto complainant preferred the present complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

He would further submit that the petitioner herein is working as Junior Bailiff in the Court below and A5 in this case is the brother of the petitioner herein. Due to that relationship, the petitioner also implicated in the present case. Therefore, the defacto complainant preferred the present false complaint and hence, he prayed to grant anticipatory bail to the petitioner. 4.

the Subordinate Courts. A6, who is working as Junior Bailiff in the Subordinate Court, also colluded with A1, lured the defacto complainant for securing a job and extracted money and believing the sweet-coated words, the defacto complainant parted a sum of Rs.49 Lakhs to the accused persons. Thereafter, they failed to secure a job and also refused to return the amount. Hence, she vehemently opposed to grant anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that investigation in this case is not yet completed. 6.It is alleged that the accused persons induced the defacto complainant and received huge amount from the defacto complainant for securing a job. It reveals that the accused persons, who are all employees of the Court below, received huge amount from the Advocates, which is heinous one and they are continuing their job till date, which is unbelievable. Despite FIR registered by the law enforcing agency, the Court below has not taken any action as against the erred employees. The offence committed by the accused persons is heinous one and hence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, these criminal original petitions are dismissed. The learned Principal District Judge, Madurai is 3/5

hereby directed to take appropriate disciplinary proceedings against the accused persons, who are all employees in the Court below, as contemplated in Tamil Nadu Subordinate Service Rules and complete the same, within a period of six months from the date of receipt of a copy of this order.

sd/- 19/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE PRINCIPAL DISTRICT JUDGE, MADURAI.

THE INSPECTOR OF POLICE CITY CRIME BRANCH, MADURAI CITY, MADURAI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-845[I] dated 19/01/2024 )

ORDER

IN Date :19/01/2024 PKP/JGB/SAR /23.01.2024/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5