Madras High CourtCRL OP(MD)/6689/2024dismissed

Shanmugam v. The Inspector Of Police

2024-04-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2024 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Shanmugam,

2. Sakthi @ Sakthivel, ... Petitioners/Accused 3 & 4 Vs The Inspector of Police, Srirangam Police Station, Trichy City.

Crime No. 685 of 2021.

... Respondent/Complainant For Petitioner : M/s. Prabha.S, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 685 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A3 and A4 apprehending arrest at the hands of the respondent police for the alleged offences under Sections 120(B), 417, 420 and 506(i) IPC in Crime No.685 of 2021, seek anticipatory bail 2.The case of the prosecution is that promising to secure Government Job, A1 1/3

who is the personal Assistant to the Ex.Minister received Rs.6.50 lakhs and received Rs.1 lakhs as advance. A2 and A3 gave assurance that A1 will arrange the Government job. So on that score, on 02.05.2018, the defacto complainant paid to A1 in the presence of other accused. Later they produced forged appointment order and demanded remaining amount also on 05.09.2018. In 2018, they issued two cheques and those cheques were dishonoured. When the amount was demanded back they were criminally intimated.

3.The learned counsel for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution. He would further submit that this is the second anticipatory bail petition. Earlier petition filed by the petitioners in Crl.O.P(MD) No.12530 of 2021, considering the gravity of the offence, this Court dismissed the petition. Now the present petition has been filed on the ground that after lapse of 9 months no steps have been made to secure the petitioners.

4. The learned Government Advocate(Crl.side) appearing for the respondent police submitted the petitioners gave assurance that A1 will arrange the Government Job and also they issued a false appointment order. This is the third application filed by the petitioners. Therefore, custodial interrogation of the petitioners is essential. Investigation in this case is going on.

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5. Considering the gravity of the offence and the manner in which the offence was committed by the petitioners, earlier applications filed by the petitioners were dismissed by this Court. Now investigation is going on. There is no change of circumstances in this case. The final report is not yet filed. Hence, custodial interrogation of the accused persons is necessary in this case. Hence, this Court is not inclined to entertain this petition.

6.Accordingly, this criminal original petition stands dismissed. sd/- 30/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY CITY.

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

ORDER IN CRL OP(MD) No.6689 of 2024 Date :30/04/2024 SA/GS/SAR. /23.05.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3