Madras High CourtCRL OP/3320/2022dismissed

M.Gopi v. State Rep By

2022-02-28Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.3320 of 2022 M.GOPI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, RAMANATHAPURAM POLICE STATION, COIMBATORE CITY.

CR.NO.24/2022.

For Petitioner : M/S.N.PREMALATHA, Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) 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 offences under section 353 altered to 406, 420 & 376 (2) (n) IPC, in Crime No.24 of 2022 seeks anticipatory bail.

2. The petitioner herein has been arrayed as accused in the complaint given by one Parameshwari, alleging that under the promise of marrying, the petitioner herein had physical intimacy with her and also cheated around Rs.17,25,000/-. Besides, he has purchased a luxurious car from the money.

3. The learned Counsel for the petitioner would submit that on an earlier occasion, similar complaint was given by the defacto complainant before the Alandur Police Station and the same was closed as mistake of fact, and for the same set of facts, the present complaint has been filed before the present respondent police. She further submitted that the car which was purchased has already been returned to the defacto complainant.

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4.The very fact is that the petitioner had enjoyed the car and returned it back which was purchased from the money given by the defacto complainant. After initiating the criminal prosecution, it indicates that there is a prima facie case in the complaint, which is the matter for investigation. Therefore, granting anticipatory bail will not be purposeful for speedy completion of investigation, 5.Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/02/2022 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, RAMANATHAPURAM POLICE STATION, COIMBATORE CITY.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.NALLIYAPPAN Advocate on payment of necessary charges CRL OP.3320/2022 Date :28/02/2022 TA-04/03/2022 https://hcservices.ecourts.gov.in/hcservices/