Selvaraj v. The Inspector Of Police
Crl.OP(MD)No.18056 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 05/01/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.18056 of 2021 Selvaraj ... Petitioner/Sole Accused Vs.
The State represented by The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.
(Crime No.142 of 2018) ... Respondent/Complainant For Petitioner : Mr.R.Karunanidhi, Advocate. For Respondent : Mr.SS.Madhavan Government Advocate (Criminal side) PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail, in Crime No.142 of 2018 on the file of the Respondent Police.
ORDER : The Court made the following order:- The petitioner, who is arrayed as sole accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 417, 420 and 506(i)IPC, in Crime No.142 of 2018 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that promising to secure a job in the Tamil Nadu Transport Corporation, the petitioner alleged to have received huge amount and latter, failed to keep his promise and thereby, cheated the de-facto complainant.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent/State.
4.Reading of the FIR shows that the petitioner was working in the Tamil Nadu Transport Corporation and promising to secure a job, he received Rs.2.50 lakhs from the de-facto complainant and thereafter, cheated. When the money was demanded back, he executed an undertaking bond to return the amount and this petitioner is in https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.OP(MD)No.18056 of 2021 the habit of receiving huge amount from various persons and also alleged to have cheated the youth. In respect of the above said issue, a case in Crime No.570 of 2018 has been registered against this petitioner, on the basis of the complaint given by one Balamurugan. In the above said crime, the total amount involved is Rs.5.40 Crores and the present FIR has been registered in the year 2018 for the same commission of offence, on 22/06/2018, which was prior to the FIR registered, in Crime No.580 of 2018. 5.Now the case of the petitioner is that he is the member of Anna Thozhil Sangam. When the demand was made by the de-facto complainant and others for securing the job, he refused. So over the above enmity only, the FIR in Crime No.
580 of 2018 has been registered and the petitioner was arrested and remanded to the judicial custody and he was released on bail only, on 28/11/2018. On the very same allegation, the present FIR has been registered. But as mentioned earlier, the present FIR has been registered much before the registration of the case in Crime No.580 of 2018. 6.The contention on the part of the petitioner is that subsequent to the above said case, this case has been registered is not correct on record. Even though the transaction is a continuous one, considering the habitual nature of the petitioner and also the involvement of the amount, this court is not inclined to grant anticipatory bail to the petitioner.
7.Accordingly, this criminal original petition is dismissed. sd/- 05/01/2022 / TRUE COPY / / /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 INSPECTOR OF POLICE SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.18056 of 2021 Date :05/01/2022 ER MK/PN/SAR.II/11.01.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2