R.Muniraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.1033 of 2021 1 R.MUNIRAJ [ PETITIONERS / ACCUSED ] 2 M.VALARMATHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE.

CRIME NO.23 OF 2020.

For Petitioner : M/S K.GOVI GANESAN Advocate For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR For Intervenor : M/S.S.SHIEK ISMAIL Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 120 B and 420 of IPC in Cr.No.23 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant paid a sum of Rs.28,95,000/- to the petitioners for interest and thereafter, her son -in-law also paid Rs.24,00,000/- from 16.07.2013 and 23.07.2014. The petitioners paid the interest for only two years and thereafter, they neither paid interest nor returned the principal amount. Therefore, the defacto complainant made a complaint against the petitioners. Hence, the present petition has been filed.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. The petitioners have repaid the entire amount together with interest to the defacto complainant and her son-inlaw. Therefore, he prays for anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor submitted that the petitioners and the defacto complainant are relatives and using the relationship, the petitioners collected nearly Rs.50,00,000/- for the purpose of running their financial business. Thereafter, the said amount was not returned. Therefore, he opposed for grant of bail to the petitioners.

5.Considering the gravity of offence committed by the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this criminal original petition stands dismissed.

-sd/- 19/04/2021 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 INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S K.GOVI GANESAN Advocate on payment of necessary charges SR NO.5089 CRL OP.1033/2021 Date :19/04/2021 MK:28/04/2021 https://hcservices.ecourts.gov.in/hcservices/