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Madras High CourtCRL OP/6176/2019dismissed

S.Hari Babu v. The State Rep By Its,

2020-02-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Eighth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6176 of 2019 S.HARI BABU [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-II, E.D.F. III, GREATER CHENNAI POLICE, VEPERY, CHENNAI - 600 007.

CR.NO.56 OF 2018 For Petitioner : M/S S.SHEIK ISMAIL Advocate FOR M/S.L.MURALIKRISHNAN Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR For Intervenor : M/S B.JEYANTHI Advocate 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 punishable under Sections 420 and 506 (ii) of IPC in Crime No.56 of 2018, seeks anticipatory bail.

2. This is the second application filed by the petitioner, who is A1 in the said crime. The case of the prosecution is that the petitioner along with his brother/A2 jointly purchased Dhall for wholesale from the defacto complainant and they have failed to repay the amount. Hence the complaint.

3. Learned counsel for the petitioner submits that pending this petition, the matter was referred to the Mediation Centre, but, however, no settlement could be reached between the parties and the liability is to the tune of Rs.1,46,00,000/-, of which A-1 is responsible for a sum of Rs.9,50,000/-.

4.Learned Addl. Public Prosecutor appearing for the respondent submits that investigation has been completed and charge sheet has also been filed and, therefore, nothing survives for consideration in the present anticipatory bail application.

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5. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor for the respondents and perused the materials available on record.

6.It is brought to the knowledge of this Court that the petitioner was arrested and remanded to judicial custody. It is further evident from the submissions that investigation is completed and charge sheet has also been laid before the trial court. In such circumstances, this Court is of the considered view that nothing survives for adjudication in the present petition. Accordingly, this petition is dismissed.

-sd/- 28/02/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-II, E.D.F. III, GREATER CHENNAI POLICE, VEPERY, CHENNAI - 600 007.

3 THE ASSISTANT REGISTRAR TAMIL NADU MEDIATION AND CONCILIATION CENTRE, HIGH COURT, MADRAS CC to M/S.S.SHEIK ISMAIL Advocate on payment of necessary charges SR.4062 CRL OP.6176/2019 Date :28/02/2020 RVR 17/03/2020 https://hcservices.ecourts.gov.in/hcservices/