Madras High CourtCRL OP/5974/2022dismissed

Kumar v. The State Rep By

2022-03-15Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5974 of 2022 KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PATTABIRAM POLICE STATION, AMBATTUR DISTRICT.

(CRIME NO.160/2022.

For Petitioner : M/S.M.PITCHAIMUTHU 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 for the alleged offences under Sections 406 & 420 of IPC in Crime No.160 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is the owner of the lorries bearing registration Nos. TN 87 A 4860 & TN 28 AK 5310 and running the transport business in the name of Grace Transport.

3. The case of the prosecution is that the defacto complainant who is the Project Manager of the Tidel Park Project, Pattabiram, employed M/s.V.Sathyamoorthy & Co for the construction purpose thereby they have entered into a contract with M/s.P.K.Vaduvammal for supply of TMT Steel rods for a period of one year. On 12.02.2022, when the TMT Steel rods were unloaded, it was noticed that in 45.77 tonnes of TMT Steel rods, 3 tonnes of jellis has been concealed in between and attempted to be delivered under the pretext of 48.77 tonnes of TMT Steel rods. The lorry drivers have fled from the scene of the occurrence. The petitioner being the owner of the lorries, have a hand in the cheating. Therefore, he apprehends arrest by the police. https://hcservices.ecourts.gov.in/hcservices/

4. This Court, on perusing the FIR and considering the MOP involved in this case, cheating the defacto complainant by weighing the load with jelli, custodial interrogation of the accused persons are required in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

5. Accordingly, this Criminal Original petition is dismissed. -sd/- 15/03/2022 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, PATTABIRAM POLICE STATION, AMBATTUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.PITCHAIMUTHU Advocate on payment of necessary charges SR.No.3992 CRL OP.5974/2022 Date :15/03/2022 CSK 22/03/2022 https://hcservices.ecourts.gov.in/hcservices/