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Madras High CourtCRL MP(MD)/6333/2023allowed

C.Ramesh @ Ramesh Kumar v. The Inspector Of Police

2023-06-30Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in CRL OP(MD)No.334 of 2023 C.Ramesh @ Ramesh Kumar ... Petitioner/2nd Respondent/ De-facto Complainant Vs

1. The Inspector of Police, City Crime Branch, Trichy City, Crime No.2/2022..

... 1st Respondent/ 1st Respondent/ \ Complainant

2. H.A.Martin ... 2nd Respondent/ 1st Respondent/ Complainant

3. Jeevajothi ... 3rd Respondents/2nd Petitioner/ 2nd Accused For Petitioner : M/s.Makesh Kumarvel R M, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) for R1 : Mr.N.Anandha Kumar for R2 PRAYER :- To set aside the order dated, 6/1/2023 in Crl.OP(MD)No.334/2023 on the file of this Honble Court and Cancel the bail granted to the R2 and R3 and direct the R1 to take R2 and R3 into custody. ORDER : The Court made the following order :- This petition is filed to set aside the order dated 06.01.2023 in Crl.OP(MD)No.334 of 2023 on the file of this Court and to Cancel the bail granted to the respondents 2 and 3 and to direct the first respondent police to take the respondents 2 and 3 into custody.

2. This petition is filed on the ground that the accused suppressed the reason for the earlier dismissal and obtained anticipatory bail order from this Court.

3. It is seen that the respondents 2 and 3 herein are arrayed as A1 and A2 in Crime No.2 of 2022, on the complaint given by the 1/3

petitioner herein. In fact, one of the victims lodged another complaint, in which, the petitioner and the respondents 2 and 3 herein are accused and also the petitioner filed for anticipatory bail in Crl.O.P.(MD)No.9091 of 2022, was dismissed by this Court, on 22.06.2023. The respondents 2 and 3 herein already filed a petition for anticipatory bail in Crl.O.P.(MD)No.5805 of 2022, before this Court and this Court dismissed that petition on the ground of the quantum of amount involved in this case and that the investigation is pending and that the custodial interrogation of the accused are very much required. However, on the second occasion, the respondents 2 and 3 submitted that the earlier application was dismissed only on the ground that the investigation is in initial stage and is pending and obtained anticipatory bail from this Court, on 06.01.2023.

4. It is seen that the respondents 2 and 3 herein are Bishops and administered Tamil Nadu Evangelical Lutheran Church called as TELC. Totally 133 Schools are run by TELC Church. To nominate as Teacher post for the Schools, the respondents 2 and 3 had collected Rupees Three Crores from various persons. One of the victims lodged another complaint against this petitioner as well as the respondents 2 and 3 herein and another F.I.R has been registered. The petitioner filed a petition for anticipatory bail before this Court and the same was dismissed by this Court. Therefore, the respondents 2 and 3 were colluded for the heinous offence against the general public.

5. Since they cheated to the tune of Rupees Three Crores, custodial interrogation of the accused is very much required. In view of the gravity of the offence committed by the respondents 2 and 3 and this Court is inclined to cancel the anticipatory bail as against the respondents 2 and 3.

6.Hence, this Petition is allowed and the order dated 06.01.2023 in Crl.OP(MD)No.334 of 2023 passed by this Court is hereby set aside.

7. The first respondent police is at liberty to proceed as against the respondents 2 and 3 herein, in accordance with law. sd/- 30/06/2023 / TRUE COPY / / 07 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 2/3

TO

1. The Judicial Magistrate No.I, Tiruchirappalli.

2. -do-Through The Chief Judicial Magistrate, Trichy District.

3. The Inspector of Police, City Crime Branch, Trichy City,

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.M.MAKESH KUMARAVEL, Advocate ( SR-10199[I] dated 04/07/2023 )

ORDER

IN CRL MP(MD) No.6333 of 2023 IN CRL OP(MD) No.334 of 2023 Date :30/06/2023 RD(06/07/2023) 3P 6C 3/3