Rahul Ganesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9260 of 2015 RAHUL GANESH ... PETITIONER / ACCUSED NO.5 Vs STATE REP. BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, RAMANATHAPURAM DIST.

(CRIME NO. 23 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.MUTHUSAMY Advocate For Respondent : Govt. 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 A5 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 120(b) of I.P.C., in Crime No.23 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The prosecution case is that one C.Manoharan, who was working as an Engineer in Agricultural Department was transferred from Ramanathapuram to Virudhunagar. Since he was suffering from illness, he wanted transfer. The petitioner/A5 and one Surendran, Revenue Inspector, Ramanathapuram took the de-facto complainant to the other accused assuring transfer of job and also assuring an employment to his sister's son Sundarapandiyan, received Rs.23 lakhs and cheated them .

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that there is no specific overt act attributed against him and even as per the case of the prosecution, the entire amount was paid to the other accused.

4. The learned Government Advocate (Crl.side) vehemently opposed the anticipatory bail petition stating that the petitioner is a main accused and acted as a mediator and through him the entire amount was paid to the other accused.

5. Considering the nature of overt act attributed against the petitioner, this Court is of the opinion that the petitioner is not entitled for anticipatory bail and hence, the petition is dismissed. sd/- 15/06/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, RAMANATHAPURAM DIST.

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

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ORDER

IN CRL OP(MD) No.9260 of 2015 Date :15/06/2015 https://hcservices.ecourts.gov.in/hcservices/