Sathiyasheelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3320 of 2019 SATHIYASHEELAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE CBCID, MADURAI CITY, MADURAI DISTRICT.

CRIME NO.646/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.SENGUTTUARASAN, Advocate For Respondent : Mr.K.K.RAMAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 468, 471 & 420 of IPC in Cr.No.646 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.It is the case of the prosecution that the petitioner is a Managing Director in the fake firm of "SERO" at Andrapradesh, which is operated in the name of OG UGC and offering jobs to the degree holders. The petitioner and the other accused persons were induced several innocent degree holders and issued the fake appointment orders to them. The petitioner and the other accused person cheated nearly 100 people by collecting huge amount of money worth about Rs.4,00,00,000/-. Thereby, the innocent victims had lodged a complaint before the respondent police.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. Initially, the petitioner was arrested and remanded into judicial custody. While he was in judicial custody, the trial Court has granted interim bail to the petitioner on condition that the petitioner shall settle the entire amount infavour of the victims through mediation. However, the petitioner has not settled the entire amount infavour of the victims. Further he would submit https://hcservices.ecourts.gov.in/hcservices/

that during the investigation, the Law Enforcing Agency has recovered Rs.32 lakhs cash, 2 cars worth about Rs.15,00,000/- and 10 Computers worth about Rs.10,00,000/-. Totally 60 lakhs recovered from the petitioner and other accused person. The balance amount is Rs.30.40 crores. Hence, the Trial Court has cancelled the interim bail granted to the petitioner. Against which, the present anticipatory bail petition is filed praying for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the total amount involved in the crime is Rs.4,00,00,000/-. A1 & A2 are the main accused in this case. During the course of investigation, the Law Enforcing Agency has recovered cash and other articles. The petitioner and the other accused person did not come forward to pay the amount voluntarily. The investigation is at an initial stage. The cheated amount has to be recovered from the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner has collected huge amount of money from the innocent unemployment youth degree holders and issued the fake appointment orders, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition stands dismissed.

sd/- 29/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE CBCID, MADURAI CITY, MADURAI DISTRICT.

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

+1. CC to Mr.P.SENGUTTUARASAN Advocate SR.No.7731

ORDER

IN CRL OP(MD) No.3320 of 2019 Date :29/04/2019 MS/PN/SAR-2/03.05.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/