S.Munisamy, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.22684 of 2018 S.MUNISAMY ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, CITY CRIME BRANCH, CONTONEMENT, TRICHY CITY.
(CRIME NO.NOT KNOWN OF 2018) ... RESPONDENT / COMPLAINANT A.PAUL KARUNAKARAN ... PETITIONER/INTERVENER/VICTIM For Petitioner : MR.B.JAMEEL ARASU Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) For Intervener : MR.B.RAJESH SARAVANAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 406 and 420 IPC in Crime No.4 of 2019 on the file of the respondent Police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant initially paid a sum of Rs.3,00,000/- for the purpose of securing medical seat in the Trichy Government Medical College, wherein the petitioner is working as Assistant and the petitioner assured that he knew the Social Welfare Secretary and the Minister. Accordingly, the amount was fixed as Rs.30,00,000/-. Initial payment of Rs.3,00,000/- was made to the petitioner. Thereafter, the defacto complainant introduced his friends and relatives for the purpose of securing job. Thereafter, the petitioner was repeatedly demanding money. Again, the defacto complainant paid some amount. In total, the petitioner paid a sum of Rs.15,00,000/- to the petitioner. The petitioner neither secured job nor repaid the amount, for which, the complaint was filed before the respondent police. https://hcservices.ecourts.gov.in/hcservices/
3.The learned counsel petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is innocent person. On 12.04.2018, the petitioner himself made a complaint against one Saravanan, who swindled a huge amount from the petitioner. However, he neither secured job nor repaid the amount. The said complaint is pending in City Crime Branch, Trichy, by which, a legal notice was issued on 18.12.2018 to the said Saravanan and also to the defacto complainant. 4.The learned Government Advocate (Crl.side) would submit that the petitioner is working as Assistant in Trichy Government Medical College Hospital and collected a huge amount from some persons, for which, the complaint is filed.
5.Considering the facts and circumstances of the case, gravity of the offence and the fact that the petitioner collected huge amount from the petitioner and he misused his alleged partition, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. Consequently, connected Miscellaneous Petition is closed. sd/- 07/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, CONTONEMENT, TRICHY CITY.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.JAMEEL ARASU, Advocate SR-2611
ORDER
IN CRL OP(MD) No.22684 of 2018 Date :07/02/2019 JM/VR/SAR 2/18.02.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/