E.Hari Prasath v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No. 622 of 2022 E. Hari Prasath .. Petitioner

Versus

1.The State, Represented by The Inspector of Police, Khadak Police Station, Pune District, Maharashtra - 411 002.

2.The State, Represented by The Officer In-Charge, Kanathur Police Station, Chennai.

...Respondents

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on Interstate Anticipatory Bail in the event of his arrest in Crime No. 0423 of 2021 on the file of the first respondent police.

For Petitioner : Mr.E.Venkatesh Kumar For Respondents : Mr.A. Gokulakrishnan Additional Public Prosecutor -----

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420, 120B read with Section 34 IPC in Crime No. 0423 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant namely Jatin Harnam Malhotra, who is doing business of Coperbe Financial Service LLP at Mumbai. He is also working as a Financial Consultant at Riche Realters Pvt. Limited. Its owner Prakash Joshi had requested him to arrange business loan of Rs.50 Crores.

Therefore, he approached one Avinash Gurappa Shelty and they handed over the cheque of Rs.3 Crores in the name of R.K.Business Solution to one Satish Shriram towards 6 months interest to the proposed loan of Rs.62,50,00,000/-. Thereafter, they were cheated the de-facto complainant by not arranging the loan as promised. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not been committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that totally ten accused were involved in this case. The other co-accused A3 and A8 were already granted bail on 05.11.2021 in Crl.O.P.No.24910 of 2021. He further submitted that Interstate Anticipatory bail may be granted to him to enable him to move the appropriate jurisdictional Court in Mumbai State for necessary relief.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner for a period of four weeks from today to enable him to move the concerned Court.

5. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of four weeks, on condition that the petitioner shall surrender before the learned Judicial Magistrate Court, Alandur, Chennai, within a period of four weeks from the date on which the order copy made ready and the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the said learned Magistrate. Further, within four weeks from the date of execution of bail bond, the petitioner shall approach the competent Court in Mumbai State and seek appropriate relief.

-sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, ALANDUR, CHENNAI.

2 THE JUDICIAL MAGISTRATE, PUNE, MAHARASHTRA.

3 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, KHADAK POLICE STATION, PUNE DISTRICT, MAHARASHTRA 411 002.

5 THE OFFICER IN - CHARGE, KANATHUR POLICE STATION, CHENNAI.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.VENKATESH KUMAR Advocate on payment of necessary charges CRL OP.622/2022 Date :12/01/2022 RW 19/01/2022