Madras High CourtCRL OP(MD)/19069/2019dismissed

Sathish Kumar v. The Inspector Of Police

2019-12-19Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.19069 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/12/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19069 of 2019 Sathish Kumar ... Petitioners/Accused No.1 Vs The State rep.by The Inspector of Police, City Crime Branch Police Station, Tirunelveli. Cr No.26 of 2019.

... Respondent/Complainant For Petitioner : M/s. R. Alex, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To Bail in Crime No.26 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner is in custody since 08.11.2019, for the offences under Section 406 and 420 of I.P.C., in Crime No.26 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. The defacto complainant in this case is one Kiruba Victor. She is the Managing Director of a charitable trust. The petitioner is said to have assured her that he she would arrange a huge foreign aid. However, the petitioner had insisted that he must be paid with https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19069 of 2019 certain commission amount. Believing his words, the defacto complainant had put nearly Rs.22,00,000/- in the bank account of the petitioner. But then, the promised foreign aid never materialized. This is a classic case of cheating. Unless the petitioner is prepared to return the money to the defacto complainant, the petitioner does not deserve to be enlarged on bail. The respondent is also directed to file the final report immediately.

4. With this direction, this criminal original petition is dismissed.

sd/- 19/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

2 THE INSPECTOR OF POLICE, CITY CRIME BRANCH POLICE STATION, TIRUNELVELI.

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

ORDER

IN CRL OP(MD) No.19069 of 2019 Date :19/12/2019 SDS/PN/SAR-3/02.01.2020/2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2