Devanarayanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Devanarayanan ... Petitioner/Accused No.2 Vs State through The Inspector of Police, CCB Police Station, Madurai District.

(Crime No.51 of 2020) ... Respondent/Complainant For Petitioner : Mr.H.Mohammed Imran Advocate. For M/s.Ajmal Associates For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.51 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offence punishable under section 420 IPC, in Crime No.51 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused persons have promised to get job from nine victims and collected a sum of Rs.37,85,000/- and thereafter they did not obtain any job and also they refused to settle the amount. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

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4.The learned counsel for the petitioner submitted that the the defacto complainant and others have given amount to A1 for the purpose of getting any public employment. This petitioner has no role in the case and admittedly no overt act has been attributed in the FIR as against the petitioner herein. The amount is said to have been received by A1 and he was already arrested and remanded to judicial custody.

5.The learned Government Advocate (Crl. Side), on instructions, submitted that there are totally two accused, in which the petitioner is arrayed as A2. The first accused entrusted the second accused, as if he was working in the higher post in the Electrical Board Department and both the accused have collected a sum of Rs.37,85,000/- from nine victims for getting job in all the Government Departments. But, they failed to get any job and also refused to return the amount to the victims.

6.It is seen that there are totally two accused, in which the petitioner is arrayed as A2. Insofar as the first accused is concerned he was already arrested and remanded to judicial custody. Both accused were collected a sum of Rs.37,85,000/- from the poor family for arranging jobs in all the Government Departments and thereafter they cheated the victims.

7.Considering the above facts and circumstances of the case and considering the fact that, this petitioner is committed very serious offence, this Court is not inclined to grant anticipatory bail to the petitioner.

8.Accordingly, the Criminal Original Petition stands dismissed. sd/- 16/10/2020 / TRUE COPY / / /2020 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 INSPECTOR OF POLICE, CCB POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-7133[I] dated 20/10/2020 )

ORDER

IN CRL OP(MD) No.11581 of 2020 Date :16/10/2020 vsd AE/SMA/SAR-III (22.10.2020) 3P 4C 3/3