Selvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SELVAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. 153/2022 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.SARAVANAKUMAR.C, Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO. 153 OF 2022 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 punishable under Sections 417, 420 IPC in Crime No.153 of 2022, seeks anticipatory bail.

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2.The case of the prosecution is that the accused persons received a sum of Rs.11,00,000/- from the defacto complainant by giving promise of arranging job in Tamil Nadu Mercantile Bank. Thereafter, they cheated the defacto complainant. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that initially the petitioner was not arrayed as accused in this case, subsequently, he added as A2. In fact, the defacto complainant and the petitioner herein brothers and he has not received any amount from the defacto complainant. In fact, the defacto complainant directly paid the amount to A1, in which, the petitioner stood as a witness. Except this, there is no allegation as against the petitioner. Accordingly, he prayed to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the accused persons conducted fake interview and received a sum of Rs.11,00,000/- from the defacto complainant. That apart, there are 2/4

10 victims and totally a sum of Rs.One Crore and Six Lakhs was collected by the accused persons. Accordingly, he opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the seriousness of the allegations levelled as against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 15/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE INSPECTOR OF POLICE NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN Date :15/03/2024 SS/GS/SAR- /26/03/2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4