Baskar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Dated: 08/08/2023 THE HON'BLE MR JUSTICE G.ILANGOVAN Baskar ....Petitioner/Accused No.5 Vs.
State Rep.by The Inspector of Police, Economic Offences Wing Police Station, Trichy District.
In Crime No.5 of 2023 ... Respondent/Complainant For Petitioner : Mr.S.Ramanathan,Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER:- For Anticipatory Bail in Crime No.5 of 2023 on the file of the Respondent Police.
ORDER: The Court made the following order:- The petitioner, who is arrayed as A5 apprehends arrest at the hands of the respondent police for the offences punishable under sections 406, 420, 120-B IPC and 1/4
section 5 of TNPID Act, 1997, in Crime No.5 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The de-facto complainant lodged a complaint stating that one Ahamed Basheer along with Balasubramanian, Lalitha, Ilayaraja and Baskar came to their village around January-2021. They informed the de-facto complainant and their villagers that they are conducting group of companies, in which A2 is the Managing Director and other accused persons were working as Agent in various Branches. They promised that if Rs.10,000/- is deposited, within 10 months, they will received Rs.18,900/-. On the basis of promise, they invested the amount. But against the promise, they failed to return the benefit. The de-facto complainant deposited more than Rs.4,00,000/-. On the basis of the complaint given by the de-facto complainant, a case in Crime No.5 of 2023 was registered for the offences stated above against 6 persons.
3.Seeking anticipatory bail, this petition has been filed by A5 namely Baskar on the ground that even as per the allegation made, only A2 has received the deposits from various persons and this petitioner was acting only as an Agent; He is noway involved in the above said misappropriation.
4.Per contra, the learned Additional Public Prosecutor would submit that more than 21 victims have been defrauded by the petitioner and so far, 2/4
Rs.64,38,478/- is found to be involved in this cheating. 5.There is clear mentioning about this petitioner in the complaint itself to the effect that he also along with other accused persons came to the village of the defacto complainant in a team. They only made the above said promise. Believing the promise only, the amount was deposited. So, when serious allegation is made against the petitioner, he is not entitled for the discretionary relief of anticipatory bail.
6.Considering the grievousness of the allegation and also the amount involved, this court is not inclined to grant anticipatory bail to the petitioner. If granted, he may tamper the witnesses and abscond. 7.In the result, this criminal original petition is dismissed. sd/- 08/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
ER TO THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING POLICE STATION, TRICHY DISTRICT.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13563 of 2023 Date :08/08/2023 PKP/BUC/SAR-4 /18.08.2023/ 4P/3 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4