A.Kadhar Khan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Kadhar Khan ... Petitioner/A26 Vs The Inspector of Police, Economical Offence Wing, Virudhunagar.

Crime No.05/2023 ... Respondent/Complainant For Petitioner :

M/s.S.Sabari Bala Pandian, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.05/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 120(b) I.P.C and Section 5 of TNPID (F&E) Act, 1997, in Crime No.05 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the other accused were promised the defacto complainant that if he invested a sum of Rs.1,00,000/-, they will pay a sum of Rs.6,000/- per month as profit. Based on the above said promise, the defacto complainant had invested the amount and thereafter, the petitioner and other 1/3

accused did not pay profit or invested amount and thereby cheated him.

3. The learned counsel for the petitioner would strenuously argue that the petitioner is only an employee and he has also invested a sum of Rs.20,00,000/- and he is also a victim.

4. The learned Public Prosecutor would submit that the petitioner has got complicity, he is the one of the Directors in the company, where the amount has been siphoned off. The said company is registered as early as in the year 2021 and is operational. The OTP., etc., are received in the personal mobile number of the petitioner.

5. In view of the said submissions made by the learned Public Prosecutor, I am of the view that this is not a fit case for grant of anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 06/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE INSPECTOR OF POLICE, ECONOMICAL OFFENCE WING, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.10127 of 2024 Date :06/08/2024 RS/VR/SAR-(14.08.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3