Madras High CourtCRL OP/1383/2020dismissed

Akkim v. State By Inpsector Of Police,

2020-01-29Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of January Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.1383 of 2020 AKKIM [ PETITIONER / ACCUSED ] Vs STATE BY INPSECTOR OF POLICE, [ RESPONDENT ] RATHINAPURI POLICE STATION, COIMBATORE, CRIME NO.1199 OF 2019 For Petitioner : M/S. M.N.BALAKRISHNAN Advocate For Respondent : MR.C.IYYAPPARAJ, 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 at the hands of the respondent police for the alleged offence under Sections 406, 414 and 420 of IPC in Cr.No.1199 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the co-accused is alleged to have taken two cars belonging to the defacto complainant on rental basis and thereafter, they neither returned the cars to the defacto complainant nor paid the rent. Hence, the defacto complainant lodged the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution. He would further submit that the petitioner returned one car and the other car was purchased by the petitioner.

4.The learned Additional Public Prosecutor would submit that the accused induced the defacto complainant to rent out the cars. Accordingly, two cars were rented out in favour of the accused. However, the accused neither returned the cars nor paid the rent amount. He would further submit that one car was recovered and another car is retained by the petitioner.

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5.Considering the facts and circumstances of the case, the fact that one car is yet to be recovered and considering the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 29/01/2020 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 INPSECTOR OF POLICE, RATHINAPURI POLICE STATION, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.N.BALAKRISHNAN Advocate on payment of necessary charges CRL OP.1383/2020 Date :29/01/2020 MK:05/02/2020 https://hcservices.ecourts.gov.in/hcservices/