F.Angel Mary, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12488 of 2016 1 F.ANGEL MARY, 2 J.FERTINAND ANTONY, ... PETITIONERS / ACCUSED No.1 and 2 Vs State represented by THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
(CRIME NO.10 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.LAJAPATHI ROY Advocate For Respondent : Mr.P.Kannithevan Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are arrayed as accused nos.1 and 2, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 294(b),406,420 and 506(i) of IPC in Crime No.10 of 2016, seek anticipatory bail.
2. The case of the prosecution is that the petitioners on promising to get a job to the defacto complainant and others at Thailand, received a sum of Rs.17,00,000/-. The petitioners sent defacto complainant and others to Thailand and informed that one Vivek and Kathiresh, representatives of the company will meet at Thailand and make arrangements for attending the Company. When they reached, no representative of the company met them and when the defacto complainant and others contacted the petitioners, they informed that they are only responsible to send the people to Thailand and they are not responsible for failure of the representative of the company to meet them. With great difficulty, the defacto complainant and others arranged return tickets and came to India. When the same was questioned, the petitioners threatened them with dire consequences and also abused them in filthy language. On complaint, a case has been registered against the petitioner.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. The second petitioner is running a travels viz., Mathaji Travels and the first petitioner is the wife https://hcservices.ecourts.gov.in/hcservices/
of the second petitioner and she has no role with the business. It is only V.K. International Tours and Travels situated at Sankarankoil is responsible for arranging the job and the amount collected were paid to one Mr.Vivek and Kathiresh, who are the owners of VK International Tourists and Travels. The petitioners obtained Tourist Visa and sent the defacto complainant and others and when they did not get the job, the petitioners on various dates demanded V.K. International Tours and Travels to return the money and the V.K.International Tours and Travels only committed the offence and prays for allowing the petition.
4. The learned Government Advocate (Crl. Side) submitted that this is job racketing. On giving false promise to get a job at Thailand, the petitioners collected a sum of Rs.17,00,000/- from the defacto complainant and others and sent them in tourist Visa and cheated them. He further submitted that the petitioners cheated the innocent people and the investigation is pending to find out involvement of the petitioner in other cases. If the anticipatory bail is granted they will abscond and tamper the witness and hamper the investigation and prayed for dismissal of this petition.
5. Considering the serious nature of allegations levelled against the petitioners that they received a huge amount from the defacto complainant and others on giving false promise to get a job at Thailand and cheated them sending through tourist Visa and put a great hardship to them, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the Criminal Original Petition is dismissed. sd/- 01/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S T.LAJAPATHI ROY Advocate SR.No.41175 sm:SS3:SAR I:19.08.2016:2P/4C
ORDER
IN CRL OP(MD) No.12488 of 2016 Date :01/08/2016 https://hcservices.ecourts.gov.in/hcservices/