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Madras High CourtCRL OP(MD)/8137/2019dismissed

S.Nimal, v. The Inspector Of Police,

2019-06-20Honourable Mr Justice P. Rajamanickam2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 20/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8137 of 2019 S.Nimal ... Petitioner/ Petitioner/ Accused No.2 Vs State Rep.by The Inspector of Police, City Crime Branch, Trichy District.

(Crime No.16/2019) ... Respondent/ Respondent/ Complainant For Petitioner : M/s.N.Anandakumar, Advocate.

For Respondent : V. Neelakandand, Govt.Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Cr.No.16/2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 406 and 420 of IPC, seeks anticipatory bail.

2.Heard both sides.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the entire amount was collected by A1 and the petitioner has no role in the above said transactions. Hence he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused persons collected money from the defacto complainant for https://hcservices.ecourts.gov.in/hcservices/

securing a job in Canada, for which the defacto complainant had paid a sum of Rs.10,00,000/- to the petitioner herein and the first accused. However the petitioner and the first accused neither secured job and nor repaid the said amount. He would also submit that there is no change in facts and circumstances of the case.

5. The previous petition filed by the petitioner in Crl.O.P(MD) No.4879 of 2019 seeking anticipatory bail was dismissed by this Court on 08.04.2019. Subsequently there is no change in circumstance.

6. Taking into consideration the facts and circumstances of the case and also considering the fact the cheated amount was not repaid and also considering the fact there is no change of circumstances after dismissal of the previous petition, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Hence the anticipatory bail application is dismissed. sd/- 20/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.8137 of 2019 Date :20/06/2019 MS/VR/SAR-4/03.07.2019/2P.3C https://hcservices.ecourts.gov.in/hcservices/