Thibaharan @ Jeyamohan v. The Inspector Of Police
CRL OP(MD). No.6200 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6200 of 2020 THIBAHARAN @ JEYAMOHAN ... PETITIONER/ACCUSED NO.1 VS STATE REP.BY THE INSPECTOR OF POLICE, THOOTHUKUDI CENTRAL POLICE STATION, THOOTHUKUDI DISTRICT, (CRIME.NO. 405 OF 2019).
... RESPONDENT/COMPLAINANT For Petitioner : Mr.R.Anand, Advocate For Respondent : Mr.Robinson, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime.No.405 of 2019 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 406, 417, 420 and 506(II) of I.P.C., in Crime No.405 of 2019 on the file of the respondent police, seeks anticipatory bail.
3. It is a case of job-racketing. The defacto complainant is one Koilraj. The learned Counsel for the petitioner took me at length through various materials indicating that the Koilraj is not an angel as he projected before the Court, but he is the actual culprit. He is said to have defrauded so many innocents by promising them public employment and enticing them to part with money. The learned counsel for the petitioner states that Koilraj, in order to divert the attention, has given this false complaint against the petitioner. Therefore, he wants this Court to grant anticipatory bail.
4. The petitioner's request was opposed by the learned Government Advocate (Crl.Side) strongly and he has produced a bunch of appointment orders received by the victims before me. He points out that both the petitioner as well as the wife of the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.6200 of 2020 filed petitions seeking anticipatory bail. This Court granted petitioner's wife anticipatory bail. At that time, the petitioner withdrew his anticipatory bail application. He further points out that there is no change of circumstances thereafter.
5. Be that as it may, a detailed counter affidavit has been filed and it is seen from Paragraphs 4 and 5 thereof that substantial amounts were deposited in the account of one Nagaraj/A2. According to the prosecution, the second accused is the driver of the petitioner and he has given confession implicating the petitioner. I reminded the petitioner counsel that I am only considering the case for anticipatory bail and I am not pronouncing anything on the guilt of the petitioner. When there are prima facie materials warranting custodial interrogation of the petitioner, I cannot tie the hands of the Investigation. Before me, there are sufficient materials implicating the petitioner herein. I do not find any change in circumstances. Accordingly, this Criminal Original Petition is dismissed. The only course open to the petitioner is to apply for regular bail.
sd/- 05/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE INSPECTOR OF POLICE THOOTHUKUDI CENTRAL POLICE STATION, THOOTHUKUDI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6200 of 2020 Date :05/08/2020 TA JM/AKM/SAR 2/13.08.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2