P. Aloy Poobalarayer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8880 of 2016 P.ALOY POOBALARAYER ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, TUTICORIN.

(CRIME NO. 14 OF 2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S C.JEGANATHAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government 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 Accused No.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC, in Crime No.14 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on the promise of getting allotment of house sites under the Rajiv Gandhi Tsunami Punaramaippu Scheme, the petitioner and other accused collected a sum of Rs.60,00,000/- from more than 200 persons and cheated them. On complaint case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner has not collected any money from the de facto complainant and others and one Eugene Fernando alone collected money and due to the sudden death of the said Eugene Fernando, a false complaint has been given against the petitioner. 4.

The learned Government Advocate (Criminal side) filed a status report and submitted that the petitioner and other accused colluded together and collected more than a sum of Rs.60,00,000/- from various persons on the promise of getting allotment of house sites under the Rajiv Gandhi Tsunami Punaramaippu Scheme and cheated them. The earlier petition for anticipatory bail filed by the petitioner in Crl.O.P(MD)No.4534 of 2016 has been dismissed as withdrawn vide order dated 16.03.2016.

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5.The allegation against the petitioner is that he and other accused colluded together and collected more than a sum of Rs.60,00,000/- from various persons on the promise of getting allotment of house sites under the Rajiv Gandhi Tsunami Punaramaippu Scheme and cheated them. Considering the facts and circumstances of the case and also considering the serious nature of allegation made against the petitioner, custodial interrogation is necessary and therefore this Court is not inclined to grant anticipatory bail to the petitioner and accordingly this petition is dismissed. sd/- 23/06/2016 / 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,TUTICORIN. 2 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S C.JEGANATHAN Advocate SR.No.32650 ORDER IN CRL OP(MD) No.8880 of 2016 Date :23/06/2016 PBK/GSV-PM/SAR-I 28/06/2016 ::2P-4C::

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