Madras High CourtCRL OP/3378/2022dismissed

K.Jayakumar v. State Rep By

2022-02-25Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.3378 of 2022 1 K.JAYAKUMAR ..PETITIONERS/ACCUSED 2 KALAIYARASI Vs STATE REPRESENTED BY ..RESPONDENT THE INSPECTOR OF POLICE, J-1, SAIDAPET POLICE STATION, CHENNAI-15.

For Petitioner : M/S A.M.RAHAMATH ALI Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate (Crl. Side) 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 offences punishable under Sections 420 of IPC, in Crime No.810 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are arrayed as A1 & A2. It is alleged that A1 is the owner of the firm Janani Traders and A2 is his wife and further the petitioners were doing cashew nuts business. The defacto complainant sent a total amount of Rs.46,99,000/- to the petitioners account towards purchasing of cashew nuts but the petitioners failed to supply the same. Hence, the defacto complainant lodged a complaint against the petitioners.

3. The learned counsel for the petitioner would submit that the petitioners are no way connected with the occurrence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that there was logistical delay in the shipment and the petitioners are taking steps for the import. Hence, he prays for grant of anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.side) would raise strong objection for granting anticipatory bail to the petitioners stating that more about Rs.49 lakhs were involved and the investigation is pending.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of offence committed by the petitioners and there is no change of circumstances, this court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/02/2022 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 INSPECTOR OF POLICE, J-1,SAIDAPET POLICE STATION, CHENNAI-15.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S A.M.RAHAMATH ALI Advocate on payment of necessary charges CRL OP.3378/2022 Date :25/02/2022 RVR 09/03/2022 https://hcservices.ecourts.gov.in/hcservices/