CRL OP(MD)/17978/2017 of SANJAI VARMA, Vs THE INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.17978 of 2017

SANJAI VARMA ... PETITIONER / SOLE ACCUSED

Vs

THE STATE REP.BY,THE INSPECTOR OF POLICE, THILLAINAGAR POLICE STATION, TRICHY.

CRIME NO.776 OF 2017. ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.S.MUTHUKRISHNAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side)

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Sole Accused, who was arrested on 23.11.2017 andremanded to judicial custody on the same day for the offencespunishable under Sections 406 and 420 IPC in Crime No.776 of 2017 onthe file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner,after receiving monies to the tune of Rs.75 lakhs from the defactocomplainant on the pretext of starting a joint venture hospital atVishakapattinam, absconded without repayment, which resulted inregistration of the present case.

3. The learned counsel for the petitioner has submittedthat the petitioner has been falsely implicated in this case and heis ready to abide by any conditions being imposed by this Court.

4. The learned Government Advocate (Crl.Side) has stronglyobjected to the grant of bail, contending that the investigation ofthe case is in midway and only a part of the amount has beenrecovered from the petitioner and if the petitioner/accused is letout on bail, there is every possibility of the accused tamperingthe witnesses/evidences and hampering the investigation.

5. Taking into consideration the serious nature of theallegations levelled against this petitioner and the fact that thehttps://hcservices.ecourts.gov.in/hcservices/investigation of the case is in midway, this Court is not inclinedto grant the relief as prayed for by the petitioner.

6. In the result, this Criminal Original Petition standsdismissed accordingly. It is made clear that in the event of thepetitioner filing yet another bail petition, he has to implead thedefacto complainant as party to the petition and further orders willbe passed thereon only after notice to the defacto complainant.

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE INSPECTOR OF POLICE,

THILLAINAGAR POLICE STATION, TRICHY.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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