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    Intervene - Draft CRL OP 29156 of 2024

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    akamaravel

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    Intervene - Draft CRL OP 29156 of 2024

    Uploaded by

    akamaravel
    1 views5 pages

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    Intervene -Draft CRL OP 29156 of 2024

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    Intervene - Draft CRL OP 29156 of 2024

    Uploaded by

    akamaravel

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    © All Rights Reserved
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    of 5

    IN THE HIGH COURT OF JUDICATURE AT MADRAS

    (Criminal Original Jurisdiction)


    CRL.M.P. No. of 2024
    In
    CRL.O. P No.29156 of 2024
    In
    Crime No. 8/2024 dated 05.11.2024
    (On the file of the Inspector of DCB Police, Salem District)
    M.Govindaraju,(M/62)
    S/o.Meyyadi,
    No.9/62, Erangadu,
    Kamalapuram,
    Salem District-636309. .... Petitioner / Intervenor /
    De-Facto Complainant
    Vs

    1. Johnson Suresh Babu, …. Respondent / Petitioner


    / Accused No.2

    2. The State
    Rep. by Inspector of Police,
    District Crime Branch, Salem. ….Respondent / 1st Respondent
    / Complainant

    AFFIDAVIT FILED BY THE INTERVENOR/PETITIONER

    I, M.Govindaraju,S/o Meyyadi, aged about 62 years residing at No.9/62, Erangadu,

    Kamalapuram, Salem District-636309 do hereby solemnly afform and sincerely state

    as follows:

    1. I am the Petitioner/ De-facto Complainant herein. I made a complaint against

    6 Accused namely, (i) A1-Mr.G.Chandrasekaran, (ii) A2-Mr.Suresh Babu(Alias)

    Karunakaran, (iii) A3-Mr.Thangayaraj, (iv) A4-Mr.Senthil Kumar, (v) A5-

    Mr.M.K.Monesh, and (vi) A6-Ms.Vijayalakshmi, for cheating him of Rs.14,50,000/- on


    a false promise of getting a public appointment as Junior Assistant to my son,[Mr.

    Arun Kumar] to the Salem District Crime Branch, Police Station, Salem on

    05.11.2024 which culminated into an FIR No.8/2024 on the file of the Salem DCB

    Police Station, Salem, U/S 120B, 420, 506(1) of IPC.

    2. On the said misrepresentation, I paid the amount of Rs.14,36,900/- from the

    period between 10.02.2021 to 30.03.2022. The said was paid to the accused’s as

    follows:

    (i) Accused No.1/Mr.G.Chandrasekaran – Rs.50,000/- by Online Bank Transfer;

    (ii) Accused No.2/Mr.Suresh Babu – Rs.5,00,000/- in multiple instalments via


    Online Bank Transfer;

    (iii) Accused No.3/Mr.Thangayaraj- Rs.2,00,000/- in a single instalment via online


    bank transfer;

    (iv) Accused No.4/Mr.Senthil Kumar- Rs.1,00,000/- in 2 instalment on the same


    day vide online bank Transfer;

    (v) Accused No.5/Mr.M.K.Monesh – Rs.5,86,900/- on different instalments in a


    single day vide online bank transfer dated 30.03.2022;

    (vi) Accused No.6/Mr.Vijayalakshmi- handed over a Cheque for Rs.6,00,000/- as


    a guarantee to the payments made for the 5 th Accused in my son’s name
    Mr.Arun Kumar.

    3. As the transactions were done only through online, on filing of FIR they

    returned certain amount as follows:

    (i) The Entire amount of Rs.50,000/- paid to Accused No.1 was returned to to me

    through online;
    (ii) The Entire Amount of Rs.2,00,000/- paid to Accused No.3/Mr.Thangayaraj was

    returned to me through online;

    (iii) The Entire amount of Rs.1,00,000/- paid to Accused No.4/Mr.Senthil Kumar-

    was returned to me through online;

    Except the above said amounts which was returned to the petitioner, the balance

    amount of Rs.10,86,900/- has not been paid back by the 2nd Accused & 5th Accused.

    4. Through various means the Accused No.2, 5 and 6 are threatening me that

    they are powerful and if I persist in pressing the criminal charges. The bail

    applications filed by the 1st and 3rd Accused, and the Anticipatory Bail Application

    filed by the 6th Accused were rejected by the Court’s below wherein I had also

    intervened and opposed the said Bail and Anticipatory Bail applications.

    5. The Accused Nos. 2nd, 5th and 6th are absconding, and they are not yet

    arrested by the Police and brought into custody. They are continuously threatening

    me through various means to withdraw the case. The said Accused No.6 Ms.

    Vijayalakshmi is is the Leader of the Women Wing of PMK, Ilampillai Panchayat

    Union and I fear that she would be her political might to force me to withdraw the

    case. Therefore, all the Accusedare in collusion and the Accused are acting at the

    behest of the 6th Accused, who is the entire brain behind this cheating, who is at

    present absconding. Now at present, only the 2nd accused has filed this Application

    for Anticipatory Bail. The bail applications of the Accused Nos. 1 and 3 and the

    anticipatory bail application for 6th accused were dismissed wherein I intervened and

    opposed the bail.


    6. I humbly submit that the 2nd Accused is not entitled to be enlarged on

    Anticipatory Bail for following reasons:

    (i) Only by ensuring the arrest of the 2nd Accused, the place in which they are
    keeping the ill-gotten cheating money could be unearthed and possibly
    recovered by the Police and the whereabouts of the 5 th and 6th Accused could
    be traced by the Police.

    (ii) Even before the arrest, the accused are in collusion and are threatening me to
    withdraw the charges. if they are let out on bail, they will be even more
    emboldened to threaten and force me to withdraw the case.

    (iii) If the Accused no.2 is let out on Bail, by colluding with others will tamper with all
    the evidence and hinder with the investigation and trial.

    (iv) The Entire money having been transferred only through online and the return of
    money by accused no.1,3 and 4 makes it very clear that the case is an open
    and shut case and the conviction is imminent.

    (v) Even the short duration of judicial custody on arrest before conviction is going
    to be adjusted in the final quantum of sentence and hence the accused are no
    prejudiced seriously.

    (vi) Further I came to know that the accused persons have divided the amount
    equally and hence unless all the 6 Accused are arrested and enquired jointly
    the truth cannot be uncovered and appreciated by the Prosecution.

    (vii) Further the investigation is still in progress, and other accused persons except
    Accused Nos. 1 & 3 are yet to be arrested, and hence it is just and necessary,
    that the bail should not be granted which may hinder the investigation.

    7. I humbly submit that the balance of convenience is to arrest the accused and

    conduct the trial expeditiously which would alone ensure speedy investigation and

    trial to meet the ends of justice as envisaged u/s 528 of BNSS,2023. Therefore, it is

    just and necessary for this Hon'ble Court to dismiss the Crl.OP.
    8. I humbly submit that I am being the de facto complainant would be seriously

    prejudiced if the Original petitioner is enlarged on bail. I was allowed to intervene

    before the trial court and the bail applications were dismissed. Therefore, it is just

    and necessary for this Hon'ble Court to permit the petitioner herein to implead in this

    Crl.OP.

    Therefore, for the reasons stated above, it is prayed that this Hon'ble Court may be

    pleased to allow the petitioner herein to intervene in this Crl.O.P.No.29156 of 2024

    and pass such further or other order or orders as this Hon'ble Court may deem fit

    and proper on the facts and circumstances of the case and thus render justice.

    Solemnly affirmed at Chennai this the

    21st day of Nov’2024 and signed his Before me

    name in my presence

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