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Madras High CourtCRL OP(MD)/18820/2023dismissed

Tamilmani v. The Deputy Superintendent Of Police

2023-10-19Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Tamilmani, ... Petitioner/2nd Accused Vs

1. The Deputy Superintendent Of Police, Vigilance and Anti Corruption Police Station, Pudukottai District.

Crime No.2/2023.

2. The Inspector of Police, Vigilance and Anti Corruption Police Station, Pudukottai District.

... Respondents/Complainants For Petitioner : M/s.MANIYARASU K C, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.2/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/ 2nd accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 467, 468, 471, 477(A) IPC and 1/3

u/s. 13(2) r/w. 13(1)(a) and 12 of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption Act, 2018 r/w. 34 in Crime No.2 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused said to have swindled a sum of Rs.28,60,195/- under Prime Minister Housing Scheme and MGNREG Scheme respectively and caused loss to Government Exchequer. Hence the case.

3.The learned counsel for the petitioner would contend that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 29.09.2023 in Crl.O.P(MD).No.17450 of 2023 and the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his names has been falsely implicated in this case, hence he seeks anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the petitioner and other accused prepared forged document for cheating, committed forgery in the office records and he would further submit that huge amount of Rs.28,60,195/- is involved in this case and the investigation of the case is pending and hence strongly objected to grant anticipatory bail to the petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side and also considering the fact 2/3

that huge amount was involved in this case and that investigation of the case is not yet completed, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION POLICE STATION, PUDUKOTTAI DISTRICT.

2. THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18820 of 2023 Date :19/10/2023 SA/VRS/SAR. /07.11.2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3