Madras High CourtCRL OP/6281/2020dismissed

Jaya v. State Rep. By

2021-02-18Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.6281 of 2020

1. Jaya

2. Palanisamy

3. Velumani ... Petitioners -VsState represented by the Inspector of Police, District Crime Branch, Erode, Erode District (Crime No.14 of 2019) ... Respondent Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.14 of 2019 is pending on the file of the respondent police.

For Petitioners : M/s.V.Sasirekha For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The case has been heard through video conference The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120B, 420, 506(1) of IPC, in Crime No.14 of 2019, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons had received a sum of Rs.1,30 Lakhs, from the defacto complainant. Further, the petitioners had not repay the amount and cheated the defacto complainant. Hence, the complaint was registered.

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3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submits that the petitioners along with other accused persons had received a sum of Rs.1,30 Lakhs from the defacto complainant. Further, the petitioners had not repay the amount and cheated the defacto complainant. He would further submit that the petitioners are the habitual offenders and there are two criminal cases are pending. Hence he vehemently opposed to grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and that the petitioners are the habitual offenders and there are two criminal cases are pending, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 18/02/2021 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.2, ERODE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, ERODE, ERODE DISTRICT.

CC to M/S. V.SASIREKHA Advocate on payment of necessary charges CRL OP.6281/2020 Date :18/02/2021 cs 08/04/2021 https://hcservices.ecourts.gov.in/hcservices/