Gowrisankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI GOWRISANKAR ... Pettioner / Petitioner / Accused No.4 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THENI, THENI DISTRICT.

(CRIME NO.35/2023.) ... Respondent / Respondent For Petitioner :

M/s.B.Arun, Advocate For Respondent :

Mr.P.Kottaichamy, Government Advocate ( Crl. Side) For Intervener :

Mr.B.Santhanam Rajesh, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.35/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 417, 468, 471, 420, and 120(B) IPC in Crime 1/4

No.35 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons have received a sum of Rs.72,25,000/- from the defacto complainant for getting job as Assistant Engineer in the PWD Department, however, they neither secured the job nor returned the money. When the defacto complainant questioned the same, the accused persons threatened him with dire consequences. Hence this complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the amount has been paid through the account of the petitioner and the other accused persons.

5. It appears that this is the second application for anticipatory bail and the earlier anticipatory bail application filed by the petitioner in Crl.OP(MD)No.19657 of 2023 was dismissed by this Court on 13.12.2023, considering the amount involved in this case and the serious allegation levelled against the petitioner. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

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6. Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

7. In the result, this Criminal Original Petition is dismissed. sd/- 04/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB To 1.The Inspector of Police, District Crime Branch, Theni, Theni District.

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

+1 CC to M/s.B.ARUN, Advocate ( SR-2754[I] dated 05/03/2024 )

ORDER

IN Date :04/03/2024 ED/ JGB /SAR- (18/03/2024) 3P / 4C 3/4

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4