Pitchaiah v. The Inspector Of Police
CRL OP(MD). No.19573 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19573 of 2022 Pitchaiah, ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, City Crime Branch (CCB), Tirunelveli City, Tirunelveli District.
(Crime No.12 of 2022).
... Respondent/Complainant For Petitioner : M/s.Saravanakumar C, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.12 of 2022 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, 407, 409, 417, 418, 420 IPC, in Cr.No.12 of 2022, seeks anticipatory bail.
2.The case of the prosecution is that the complainant has received a information from the Regional Head of ESAF small Finance Bank Viz., sumesh Gopinat that in the Palayamkottai Branch, the employees gave loan on imitation jewels. Based on that, enquiry was conducted. On enquiry, the Manager, Palayamkottai Branch viz., Thirunavukkarasu gave four gold loans for a total sum of Rs.69,90,000/- without getting sanction from the complainant. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit this is the second anticipatory bail application. Earlier anticipatory bail application filed by the petitioner in Crl.OP(MD)No.17922 of 2022 was dismissed by this Court on 06.10.2022 on the ground that the investigation was at initial stage. The petitioner's name was not found in the FIR. Only on the https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.19573 of 2022 confession statement of the co-accused, he was implicated in this case. A2 was released on bail by this Court on 31.10.2022. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that totally 6 accused are involved in this case. The petitioner was arrayed as A6. The petitioner has played main role in the above said occurrence. He received a sum of Rs.12 lakh by using the name of one Amutha, who is one of the beneficiary. Further, he arranged the persons for obtaining gold loan. By which, he has received a sum of Rs.16,000/- from A1. The investigation is in initial stage. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the gravity of the offence, the custodial interrogation of the petitioner is necessary. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. sd/- 15/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS 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 CITY CRIME BRANCH (CCB), TIRUNELVELI CITY, TIRUNELVELI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19573 of 2022 Date :15/11/2022 PKP/VR/SAR /25.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2