Gopi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 11/08/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Gopi ... Petitioner/Accused No.1 Vs.

The State through The Inspector of Police, Thiruchuli Police Station, Virudunagar District.

(In Crime No.105 of 2022) ... Respondent/Complainant For Petitioners : Mr.G.MARIAPPAN, Advocate For Respondent : Mr.THANGA ARAVINDH.B Government Advocate(Criminal side) PETITION FOR ANTICIPATORY BIAL under Sec.438 of Cr.P.C.C PRAYER:- For Anticipatory Bail in Crime No.105 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as A1 apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 406, 420, 465, 468, 471 and 506(ii) IPC, in Crime No.105 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant lodged a complaint stating that one Gopi was known to him. He introduced one Gokul stating that he is a person of high influence and he can secure job in Odisha Agricultural Department. He demanded Rs.10,00,000/-. He transferred Rs.10,00,000/- believing the words of the above said person to the account of the above said Gopi. On various dates, he also transferred Rs.90,000/- as cash. So totally, he paid Rs.10,90,000/-. He was taken to Odisha, Bihar, Calcutta and Gujarat, etc. places and handed over a fake appointment order. On coming to know that it is a fake appointment order, he lodged a complaint. Based upon which, the present complaint has been registered.

3.Seeking anticipatory bail, this petition has been filed by the petitioner, who is arrayed as A1 on the ground that he is also one of victim. To show the same, he has also produced documents in the typed set of papers.

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4.Reading of the typed set of papers shows that the petitioner is also one of the victim of the crime that has been committed by Gokul. During the course of investigation, it was revealed that the above said Gokul gave a statement that the money, which was received from various persons have been give to one Gokulakrishna Reddy, who belongs to Odisha. In so far as this petitioner is concerned, as mentioned above, he is also one among the victims. A2 has also admitted that he received Rs.8,00,000/- from the petitioner assuring him to get the job. So it is seen that even this petitioner introduced the de-facto complainant to the above said Gokul, the entire money was received by only Gokul. According to him, he in turn handed the same to the above said Gokulakrishna Reddy. 5.

Now whatever it may be, since the petitioner is also one of the victim in the alleged crime, that has been committed by the above said Gokul along with the above said Gokulakrishna Reddy, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate, Tiruchuli and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police, daily at 10.30 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail will stand dismissed.

sd/- 11/08/2022 / TRUE COPY / /09/2022 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 JUDICIAL MAGISTRATE TIRUCHULI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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3 THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDUNAGAR DISTRICT.

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

+1. CC to M/S.MARIAPPAN.G., Advocate SR.No.8484

ORDER

IN CRL OP(MD) No.10075 of 2022 Date :11/08/2022 er SA/VR/SAR.4/05.09.2022/3P/6C 3/3