Madras High CourtCRL OP/7067/2022dismissed

Kesavan v. State Rep By

2022-03-30Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7067 of 2022 KESAVAN [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT CRIME NO.40 OF 2022 For Petitioner : M/S.M.ARUNACHALAM, 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, herein apprehending arrest for the offences under Sections 324, 392 and 420 of I.P.C., in Crime No.40 of 2022, seeks anticipatory bail.

2. The petitioner herein has forcibly taken possession of the Toyota Innova Crysta car, which was given to the custody of the defacto complainant.

3. The Learned Counsel for the petitioner would submit that, the petitioner is an employee of the Finance Company, which had an advantage of arbitral award to take possession to the vehicle, in view of the default in payment. However, such possession cannot be taken illegally, stealthily or against the established principle of law. https://hcservices.ecourts.gov.in/hcservices/

4. There is a prima facie case to indicate that the petitioner has gone to the defacto complainant's shop, who is the second hand car dealer. Under the pretext of test driving the car, he has stolen the car. Therefore, he may be fortified an order of the arbitral award to repossess the vehicle. The manner in which the vehicle has been repossessed is illegal and against law. Hence, the petitioner is not entitled for anticipatory bail. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 30/03/2022 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 JUDICIAL MAGISTRATE, NO.I, NAMAKKAL 2 THE INSPECTOR OF POLICE, NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to MR.M.ARUNACHALAM, Advocate on payment of necessary charges SR.NO.4981 CRL OP.7067/2022 Date :30/03/2022 JPA 05/04/2022 https://hcservices.ecourts.gov.in/hcservices/