IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.OP.No.14175 of 2022

1.C.Manikandan

..Petitioners/A11 & 12

2.K.Balakrishnan

Vs.

State rep.by,

..Respondent

The Inspector of Police,

Prevention of Employment Fraud Wing,

Team No.36, Central Crime Branch,

Chennai.

Crime No.245 of 2021.

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C.

praying to enlarge the petitioners on bail in crime No.245 of 2021 on

the file of the respondent police.

For Petitioners

: Mr.S.Prabhudoss

For Respondent : Mr.A.Damodaran,

Additional Public Prosecutor

ORDER

The petitioners, who were arrested and remanded to judicial

custody on 26.04.2022 for the offence punishable under Sections 417,

465, 468 r/w 34 & 120(B) of IPC in crime No.245 of 2021 on the file of

the respondent police, seek bail.

2. It is the case of the prosecution that the defacto complainant

i.e. one, R.Sudareasan working at Regional Office of AICTE Southern

Regional Office at Chennai located at Shastri Bhavan and he received

some phone calls stating that some unknown persons are involved in the

name of AICTE and misusing the logo of AICTE. It was ascertained from

the phone calls that it is being done confidentially and the

interviews are being conducted in star hotels and around 18 people

have been recruited. But the person called the office did not reveal

his name, but he has forwarded the whats app messages received from

the so called recruiters. Thereafter, the said issue was intimated to

https://hcservices.ecourts.gov.in/hcservices/

Delhi Headquarters. It is understood that bank details of the persons

who were targeted were asked by the said unknown persons. Further a

whats app group is also coined with a name “AICTE CHENNAI DISTRICT”.

In this regard, a circular has been issued on 18.11.2021 in the

website of AICTE informing not to believe such phone calls. Even

thereafter, fake calls are continued. Hence, the case.

3. The learned counsel appearing for the petitioners would

submit that the petitioners are innocent persons and they have been

falsely implicated in this case. He would further submit that even

according to the case of the prosecution, the accused persons

attempted to collect money from the victims to get job in AICTE and

they never received any money from the victims. Hence, he prays to

grant bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the

respondent police submitted that there are totally twelve accused,

wherein the petitioners are arrayed as A11 and A12 and now, A1 to A8

were released on statutory bail. All the accused persons have involved

in the offence of conducting fake interviews for the recruitment in

the name of AICTE.

5. Even according to the case of the prosecution, the accused

persons have attempted to collect money from the victims to get job,

however they have not collected any money. Considering the facts and

circumstances of the case and also the period of incarceration by the

petitioners from the date of arrest i.e. 26.04.2022, this Court is

inclined to grant bail to the petitioners. Accordingly, the

petitioners are ordered to be released on bail on their executing a

separate bond for a sum of Rs.10,000/- (Rupees ten thousand only)

(each) with two blood related sureties, each for a like sum to the

satisfaction of the learned Chief Metropolitan Magistrate, Egmore,

Chennai and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb

Impression in the surety bond and the Magistrate may obtain a copy of

their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police

daily at 10.30 a.m. and 05.30 p.m. until further orders.

[c] the petitioners shall not abscond either during investigation

or trial.

[d] the petitioners shall not tamper w