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Madras High CourtCRL OP/1104/2024dismissed

Saravanan v. State Rep. By

2024-02-16Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN, J.

The petitioner/accused seeks anticipatory bail in Crime No.495 of 2023 registered by the respondent police for the offences punishable under Sections 323, 341, 347 and 365 of IPC.

2. It is stated that A2 had been arrested and the other accused are still absconding. The petitioner herein was former tenant of the defacto complainant. There were previous money transactions between the petitioner and the defacto complainant. It is further stated that the defacto complainant had paid money to the petitioner. When the defacto complainant on his way in his four wheeler viz., Ford Eco Sport bearing Regn.No.TN-45-BF-9830 , he was waylaid and kidnapped and was taken in a Bolero car and Silver Colour Innova Car.Thereafter, amount was demanded from him. There was an immediate transfer of Rs.7,80,000/- to one of the accused. It is also stated that documents had also been signed including the name transfer of the car . 1/4

3. The learned counsel for the petitioner stated that it is purely a civil issue and that there were several transactions between the petitioner and the defacto complainant.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police however stated that the the defacto complainant was blind folded and on the threat had transferred Rs.7,80,000/- to the account of the one of the accused. It is also contended that a promissory note and stamp papers were also signed and handed over to the accused persons. The car transfer forms were also signed.

5. The learned counsel for the Intervenor stated that the previous transactions were in the year 2022 and have no connection with the demand made after being kidnapped.

6. Taking all the facts into consideration, particularly that on the date of kidnap there has been a transfer of Rs.7,80,000/- to the account of the one of the accused and also the signatures obtained in blank 2/4

promissory notes, blank stamp papers and in the car transfer forms and it is also noted that the other accused are absconding, I am not inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the Criminal Original Petition seeking anticipatory bail stands dismissed.

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C.V.KARTHIKEYAN,J.

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