Rajapandi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.857 of 2022 RAJAPANDI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, DHARMAPURI TOWN POLICE STATION, DHARMAPURI DISTRICT.
CR.NO.1416/2021.
For Petitioner : M/S.A.K.HEMARAJ Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 420 of IPC in Cr.No.1416 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the De-facto complaint who is practicing as a Doctor and having his own hospital in Thuraimangalam was in need of Rs.5 Crores for renovating the same. Under such circumstances, the petitioner herein had approached him and promised him of getting a debit amount of Rs.5 Crores from his friend namely Sivakumar who is arrayed as A2 in this case, and thereby the petitioner and other accused persons had received the commission amount of| Rs.20 Lakhs and at last they cheated the defacto complainant. Hence this complaint.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, the petitioner is willing to abide any condition as imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
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4.The learned Additional Public Prosecutor submitted that the petitioner is alleged to have cheated the defacto complainant after having received the amount of Rs.20 Lakhs as commission for availing the debit from his friend along with others and further submits that the investigation is pending in this case. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Having considered the facts and circumstances of the case and that the investigation is not yet completed, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed. -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 INSPECTOR OF POLICE, DHARMAPURI TOWN POLICE STATION, DHARMAPURI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.K.HEMARAJ Advocate on payment of necessary charges CRL OP.857/2022 Date :12/01/2022 RVR 24/01/2022 https://hcservices.ecourts.gov.in/hcservices/