Madras High CourtCRL OP(MD)/2577/2019dismissed

R.Sankar v. A.Alaguraj

2019-04-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.2577 of 2019 R.Sankar .. Petitioner Vs 1.A.Alaguraj 2.State Through Inspector of Police, DCB, Virudhunagar.

Crime No.2 of 2018.

.. Respondents Prayer: Criminal Original Petition filed under Section 439(2) of Cr.P.C., to cancel the impugned order of an anticipatory bail granted in favour of the first respondent in Crime No.2 of 2018, on the file of the District Crime Branch, Virudhunagar by the learned Principal Sessions Judge of Virudhunagar District in Srivilliputhur in Cr.M.P.No.4415 of 2018, dated 01.11.2018, direct the first respondent to be arrested and committed to custody. For Petitioner: Mr.S.Mahalakshmi For R-1 : Mr.A.Balaji For R-2 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to cancel the impugned order of anticipatory bail granted in favour of the first respondent in Crime No.2 of 2018, on the file of the District Crime Branch, Virudhunagar by the learned Principal Sessions Judge of Virudhunagar District in Srivilliputhur in Cr.M.P.No.4415 of 2018, dated 01.11.2018, and to direct the second respondent to arrest the first respondent.

2. The first respondent herein is arrayed as A7 in this case. The case of the prosecution is that the petitioner is one of the complainant as well as victim in this case. He parted Rs.5,50,000/- to the first respondent. The first respondent along with other accused persons cheated more than one crore for securing job and thereby he filed a complaint before the respondent police. The petitioner herein collected money from the victims and handed over to A8 and thereafter A8 has transferred the said amount to other accused.

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3. The learned counsel for the first respondent would submit that the allegations levelled against him is that he has paid the amount to A8, in which he is not responsible for anything. However without prejudice to his right, he is ready to deposit Rs.2,50,000/- to the credit in crime number 2 of 2018 on the file of the Inspector of Police, District Crime Branch, Virudhunagar, pending before the learned Judicial Magistrate No.II, Viruthunagar.

4. Considering the request made by the learned counsel for the first respondent, this Cancellation of anticipatory bail applications stands dismissed. However, the first respondent is directed to deposit the said amount within a period of eight weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) To 1.The Principal Sessions Judge, Virudhunagar District at Srivilliputhur.

2.The Judicial Magistrate No.II, Virudhunagar. 3.The Inspector of Police, DCB, Virudhunagar.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.BALAJI, Advocate ( SR-61553[F] dated 22/04/2019 ) Crl.O.P.(MD)No.2577 of 2019 22.04.2019 ES/SP/29.04.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/