Manoharan v. The Inspector O Fpolice
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9241 of 2016 MANOHARAN ... PETITIONER/PROPOSED ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE CCB TIRUNELVELI CITY, TIRUNELVELI DISTRICT, CRIME NO. 12/2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.ANANDAN Advocate For Respondent : MR.P.KANNITHEVAN 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 accused apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 465,468,471,420 and 511 of IPC in Crime No.12 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that one Jeyakrishnan deposited a cheque bearing No.941197, in his account with the defacto complainant's Bank, for collecting an amount of Rs.4,93,00,000/-. The defacto complainant presented the cheque in CTS clearing on 02.03.2015 and the said cheque was returned by ICICI Bank on 03.03.2015 for the reason that the cheque is a forged one. On complaint, case has been registered for the offences stated above.
3. The learned counsel for the the petitioner submitted that based on the confession the petitioner name has been falsely implicated in this case and the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl. Side) filed counter and submitted that A1 / Jeyakrishnan presented the cheque to his account in the defacto complainant's Bank for collection of Rs.4,93,00,000/- on 02.03.2015 and the said cheque was returned by the ICICI Bank on the ground that the cheque was forged one. The defacto complainant gave the complaint to the Commissioner of Police https://hcservices.ecourts.gov.in/hcservices/
on 12.03.2015 and as per the order of Commissioner of Police, the respondent Police enquired the matter and case has been registered on 03.06.2016. In the enquiry it reveals that the petitioner and one another accused Balasubramani @ Kallathi Murugan gave fake forged cheque alleged to have been issued by one Hunger Project Trust having account in the ICICI Bank. The petitioner and other accused person actively involved in fabricating and forging the cheque and they have tried to cheat the Hunger Project Trust and the Bank and deposited the cheque in the name of Hunger Project Trust to the tune of Rs.4,93,00,000/- . If the anticipatory bail granted to the petitioners they will abscond and tamper the witnesses and hamper the investigation.
5. I have considered the rival submissions.
6. Considering the serious nature of allegations levelled against the petitioner and that the petitioner is actively participated in the offences, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the interim anticipatory bail already granted to the petitioner dated 11.07.2016 is cancelled and the Criminal Original Petition is dismissed. sd/- 16/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.I,TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI 3 THE INSPECTOR OFPOLICE,CCB TIRUNELVELI CITY, TIRUNELVELI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S A.ANANDAN Advocate SR.No.45049 GJM/SS2/SAR-I-2.9.16-2P-6C
ORDER
IN CRL OP(MD) No.9241 of 2016 Date :16/08/2016 https://hcservices.ecourts.gov.in/hcservices/