Rajesh Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Rajesh Kumar ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Central Crime Branch Police Station, Madurai.

Crime No.20 of 2022 ... Respondent/Complainant For Petitioner : M/s.ANAND KUMAR.D, Advocate.

For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No.20/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, who was arrested on 20.06.2022 for the alleged offences under Sections 409, 420 & 120(b) of IPC, in Crime No.20 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is working as Risk Manager in a Company called Radiant Gas Management Service Private Limted, Madurai. One S.Karthic Vijayan was working as Chief Executive in the above said Company for about 8 years. He received the collection amount of Rs.45,39,000/- from various customers of the various companies. One Muthuvel is also one of the Chief Executive in that Company. He also collected a sum of Rs.10 lakhs. That money was said to have handed over to one Raja Mohammed, who is the one of Chief Executives and the same was also handed over to Karthick Vijayan for the purpose of deposit. The total amount of Rs.55,39,000/- ought to have been deposited in the concerned accounts. The entire money was taken to the bank for deposit by the above said Karthick Vijayan.

The Van dropped him near the Branch. But, later, Karthick Vijayan was absconding without making any deposit. Based upon the complaint, case has been registered. During the course of investigation, the involvement of the two other persons also been brought to light. All the three accused were arrested and remanded to judicial custody. Ever since they are in custody.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Only on the confession statement of the co-accused, he has been implicated in this case. 4.The learned Additional Public Prosecutor submitted that the entire money has been recovered from the possession of the petitioner and investigation is pending.

5.The learned counsel for the petitioner submitted that no amount has been recovered from the house of the petitioner. 6.Perusal of entire CD file shows that the investigation is not completed sofar. The petitioner was arrested on 20.06.2022. Ever since he is in custody. The entire money has been recovered from the accused.

7.Considering the period of incarceration and also considering the fact that the the entire amount was recovered from the accused, this Court is inclined to grant bail to the petitioner with stringent conditions.

8.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate No.I, Madurai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 12/07/2022 / TRUE COPY / 12/07/2022 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 NO.I, MADURAI.

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2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH POLICE STATION, MADURAI.

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

+1. CC to M/S.ANAND KUMAR.D Advocate SR.No.6961

ORDER

IN CRL OP(MD) No.12501 of 2022 Date :12/07/2022 SA/PN/SAR.1/12.07.2022/3P/7C 3/3