High Court · 2025

CRL O.P. No.25728 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.01.2025CORAMThe Hon`ble Mr.Justice P.DHANABALCRL OP.No.25728 of 2024A. Vinoth S/o. Anbazhagan ... Petitioner / AccusedVsState rep. by:-The Inspector of Police,Central Crime Branch-I, Chennai. ... Respondent[Cr. No.134 of 2024]PRAYER: -- The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.134 of 2024 on the file of the respondent police.For Petitioner : Ms. V. YashikaFor Intervenor : Mr. K. Karuppaiya MoopanarFor Respondent : Mr. KMD MuhilanGovernment Advocate [Criminal side]ORDERThe petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 406, 1/8 https://www.mhc.tn.gov.in/judis CRL O.P. No.25728 of 2024420, 465, 468, 471 read with 120-B and 34 of IPC in connection with the Cr. No.134 of 2024, seeks anticipatory bail.2. The case of the prosecution is that A3 Arivazhangan approached the defacto complainant and stated that he was working in a Peace Scouts and Guides (PSG), India Organization which was aided by Central Government at Tamil Nadu and further stated that there are so many job vacancies available in the said company and demanded a sum of Rs.6.5 lakhs for securing the job and the defacto complainant gave a sum of Rs.6.65 lakhs on various dates to the A3's account during 2023 and on 30.09.2023, the defacto complainant received appointment order from the PSG, India Valasaravakkam through post office. Thereafter the company was closed and the accused cheated the defacto complainant. Hence the case.3. The learned counsel appearing for the petitioner would submit that the respondent police have registered a false case against the petitioner for the offences under Sections 406, 420, 465, 468, 471 read 2/8 https://www.mhc.tn.gov.in/judis CRL O.P. No.25728 of 2024with 120-B and 34 of IPC. The alleged occurrence is alleged to have taken place on 01.01.2021 in Chennai. The petitioner has not committed any offence as alleged in the FIR and he has been falsely implicated in this case. Already co-accused were released on bail. Even according to the prosecution, A2 only received amount. In fact this petitioner is a Diploma holder in Civil Engineering and worked as an Assistant Technician at T. Paloor Union Office. He introduced to local inhabitant A6 Chellapandi, who informed the petitioner about the permanent Central Government job through Peace Scouts / Guides India and the petitioner was offered a job with salary of Rs.20,100/- and further increment of Rs.23,000/- to Rs.27,000/-. To confirm the job, the petitioner was instructed to pay an advance of Rs.3 lakhs and Rs.3 lakhs for getting appointment order. The petitioner had also paid the amount to Chellapandi and thereafter, an appointment order signed by Gaurav Raghuvasi/A4 and the A6 Chellapandi also assured that the above said amount would be paid to Vimal, National Director / A1, who is making job arrangements in the alleged organization. While so, on 05.09.2023, the petitioner received a salary of RS.20,105/- as a first month salary, but 3/8 https://www.mhc.tn.gov.in/judis CRL O.P. No.25728 of 2024without taking job and attended 5 days training at Meert, Uttarpradesh and paid a cash of RS.25,000/- for training certificate and Rs.15,000/- for completion of training. The said organization promised that the petitioner would be employed by Government Elementary School in Ariyalur District, Kovilseemai and Gunamangalam. Believing their words, the petitioner on 21.02.2024, visited the schools, their authorities denied to receive the order. Therefore, the petitioner had given complaint under Section 200 of Cr.P.C. before the Judicial Magistrate Court, Ariyalur. Therefore, the petitioner is also a victim. However, the petitioner was wrongly implicated in this case as one of the accused and therefore, prayed to grant anticipatory bail to the petitioner.4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that based on the complaint given by the defacto complainant, FIR has been registered for the offences under Sections 406, 420, 465, 468, 471 read with 120-B and 34 of IPC. In order to cheat the general public, all the accused colluded with each other and created forged documents and ID cards, were running the 4/8 https://www.mhc.tn.gov.in/judis CRL O.P. No.25728 of 2024organization illegally. This petitioner was working as State Assistant Trainer and he had jointed in the organization on 15.05.2022 as ‘District Organization Commissioner (DOC). During his tenure, he introduced 11 job seekers to the organization for the purpose of getting commission from the organization and he collected a sum of Rs.54 lakhs through bank and hand cash. He shared the cheated amount of Rs.30 lakhs to A1 Vimal and he retained Rs.24 lakhs as commission amount. Therefore, he acted as an agent of PSG, India. All the accused colluded together and issued uniform and fake ID cards as it was given by the Ministry of Youth Affairs and Sports, Government of India. Investigation in this case is not yet completed. Therefore, he strongly opposed to grant anticipatory bail to the petitioner. 5. The learned counsel appearing for the intervenors / defacto complainant would submit that the petitioner/accused is the neighbour and he approached his friends and other relatives for arranging Central Government job like District Organizer District Scout Officer from Peace Scouts and Guides, came under Ministry of Youth Affairs, New Delhi. 5/8 https://www.mhc.tn.gov.in/judis CRL O.P. No.25728 of 2024Further he represented that he was already working in Peach Scouts and Guides as a State Assistant Trainer for the past one year without any issues and it is the Central Government job, thereby the petitioner in connivance with the other accused, under the guise of arranging job in the above said organization and collected money for a sum of Rs.44 lakhs. With respect to other aspects, the learned counsel appearing for the intervenors has reiterated the arguments of the learned Government Advocate (Criminal side) appearing for the respondent police.6. Heard both sides and perused all the materials available on record.7. Considering the rival submissions made on either side, gravity of offences, investigation is not yet completed in this case, already this Court dismissed the earlier application filed by the petitioner for granting bail and there is no change of circumstances, this Court is declined to grant bail to the petitioner at this stage.8. Accordingly, the Criminal Original Petition is dismissed.6/8 https://www.mhc.tn.gov.in/judis CRL O.P. No.25728 of 2024 24.01.2025[3/3]mjsTo1. The Public Prosecutor, High Court, Madras.2. The Inspector of Police, Central Crime Branch-I, Chennai.P.DHANABAL ,J mjs7/8 https://www.mhc.tn.gov.in/judis CRL O.P. No.25728 of 2024 CRL O.P. No.25728 of 2024 24.01.2025[3/3]8/8