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Madras High CourtCRL OP(MD)/11156/2016dismissed

Manikanda Guru, v. The Inspector Of Police,

2016-07-14Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11156 of 2016 MANIKANDA GURU, ... PETITIONER/SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.54/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.A.DHANA ARAVINDHA BALAJI, Advocate for M/S. DHANA LAW ASSOCIATES Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 of IPC, in Crime No.54 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that in the month of January, 2015 the petitioner to defacto complainant and informed that he is doing business of sending the persons to abroad and demanded Rs.3,00,000/- from the defacto complainant promising to send him Scotland. On his promise, the defacto complainant deposited a sum of Rs.2,15,000/- in his bank account No.3029620094 on 15.07.2015 and a sum of Rs.70,000/- and Rs.15,0000/- on 14.09.2015 and handed over the passport to the petitioner in person. After receiving the entire three lakhs and passport he promised to send the defacto complainant to abroad. Subsequently, he did not send the petitioner to abroad and did not produce the passport. On complaint, case has been registered for the above said offences.

https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution

and he has been falsely implicated in this case. He collected Rs.49,00,000/- from 19 persons and handed over to one Ravikumar, Boominathan, Paramasivam, Vijaya Anandh, Vishnu Priya and Murali. The petitioner also gave a complaint against the above 6 persons and the same is pending.

4.The learned Government Advocate(Crl.side) submitted that the petitioner after receiving the passport and sum of Rs.3,00,000/- cheated the defacto complainant and threatened him with dire consequences and the passport is now with the petitioner. 5.Considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. sd/- 14/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

2.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S DHANA LAW ASSOCIATES Advocate SR.No.36754 RL/4C/2P/SKS/RR/SARI/20/7/2016

ORDER

IN CRL OP(MD) No.11156 of 2016 Date :14/07/2016 https://hcservices.ecourts.gov.in/hcservices/