Dismissed

Sasikumar v. the Inspector of Police

Madras HC25 Feb 2015CRL OP(MD)/1273/2015

Case brief

AI extract

What is this about?

This court dismissed the petitioner's petition under Section 438 Cr.P.C. for anticipatory bail in a cheating case. The court held that the serious allegations of conspiring to misappropriate Panchayat funds in the names of deceased persons, supported by the co-accused's confession warrant rejection.

What did the court decide?

Anticipatory bail sought by the petitioner under Section 438 Cr.P.C. was denied.

Sasikumar Vs the Inspector of Police — Cheating and Forgery | Madras HC (2015)

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

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Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT

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The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1273 of 2015 SASIKUMAR ..PETITIONER/ACCUSED No.2 Vs.

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STATE REP.BY THE INSPECTOR OF POLICE B4 KOTTAMPATTI POLICE STATION, MADURAI DISTRICT. CR.NO.368/2013 ..RESPONDENT/COMPLAINANT

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For Petitioner : M/S.R.ANAND Advocate

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For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 419, 420, 477 (A) and 109 IPC in Crime No.368 of 2013 on the file of the respondent police, seeks anticipatory bail.

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Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

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This is second anticipatory bail petition and the first anticipatory bail petition in Crl.O.P.(MD) No.3890 of 2014 was dismissed by this Court on 08.01.2015 by a well considered order.

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The respondent police has filed a counter, in which, in Paragraph Nos.2 to 4, they have stated as follows:

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“2. I respectfully submit that on 09.11.2013 the Block Development Officer, Union Office, Kottampatti Union, Melur Taluk, Madurai District lodged a complaint. The brief fact of the complaint is that the president of Village Panchayat Katchirayanpatti, namely Manickam and Panchayat clerk namely Sasikumar, has identified the beneficiaries / land owners for construction of Group Housing Scheme (Indira Gandhi Memorial Group Housing Scheme) and they have been given funds and materials for the construction of superstructures. A Writ Petition in W.P.(MD) No.16643 of 2013 was filed alleging some irregularities in the said scheme and pursuant to the order passed in the said Writ Petition, enquiry was conducted and it disclosed that impersonation was done in favour of the persons, who are no more and they were provided funds and materials to construct superstructures as per the Group Housing Scheme and one such allotment was given in favour of one Arumugam, S/o.Poosari and Kattayan but the above said beneficiaries died https://hcservices.ecourts.gov.in/hcservices/ long back and inspite of that, funds were provided in their name for construction of group house. Both the accused being the local body president and official have connived with each

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other and practiced fraud and there by caused monitory loss to the local body to the corresponding gain.

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I respectfully submit that after received the complaint the case was registered in Crime No.368 of 2013 for the alleged offence u/s 420, 477, 109, 419 of IPC. The 161(3) of Cr.P.C. Statement were recorded. Originally the case was registered against 7 accused. After the investigation 5 officials were deleted from the FIR.

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I respectfully submit that the 1^st accused was arrested and sent him to Judicial Custody. The petitioner here is the 2^nd accused, he working as a Panchayat clerk under the 1^st accused, both of them provided funds to 2 persons, but both the beneficiaries were already died. So the A1 and A2 misappropriate the Panchayat funds of Rs.1,10,000/-. From a investigation and the records pursued by the complainant it is clear that the funds and materials have been given in favour of the dead persons.”

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Mr.Anand, learned counsel for the petitioner submitted that the loan was actually disbursed to the heirs of the deceased person and if the money has been misappropriated, as alleged by the prosecution, no house would have come up on the plots. Whereas, even according to the prosecution, houses have come up on the plots.

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This cannot be a good reason to grant anticipatory bail to this petitioner, because, even at the time of processing the loan application, the petitioner knew that the applicant is dead.

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This Court directed the Police to produce the confession statement of the arrested accused by name Manickam. The said Manickam clearly stated in his confession statement as follows:

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“nkw;go Mtz';fspy; ehDk; mg;nghija Cuhl;rp brayu; rrpf;FkhUk; nru;e;J ,we;J nghdtu;fis gadhspfshf nju;t[ bra;Jk;. fhnrhiy jahu; bra;Jk;. nkhro bra;njhk;/”

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Thus it is clear that Manickam and this petitioner have conspired to raise loans in the names of dead persons and disbursed the funds. In view of the fact that the allegations against this petitioner are indeed very serious, this Court is not inclined to grant anticipatory bail to this petitioner. Hence, the Criminal Original Petition stands dismissed.

sd/-

25/02/2015

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

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1 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

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2 THE INSPECTOR OF POLICE, B4 KOTTAMPATTI POLICE STATION, MADURAI DISTRICT.

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+1. CC to M/S.R.ANAND Advocate SR.No.8841

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ORDER IN

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CRL OP(MD) No.1273 of 2015

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Date :25/02/2015 https://hcservices.ecourts.gov.in/hcservices/ PBK 26/02/2015 ::2P-4C:

Sasikumar v. the Inspector of Police

Case brief

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Sasikumar v. the Inspector of Police

Case brief

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