Kamalakannan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Thirteenth day of May Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice S. KANNAMMAL CRIMINAL ORIGINAL PETITION No.8579 of 2021 KAMALAKANNAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMMAKKAL DISTRICT CR NO.356/2021 For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, 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 406, 467, 468, 471 and 420 of IPC, in Crime No.356 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that during the year 2018, the de-facto complainant had purchased a lorry bearing Registration No.TN-28-AK-1989 from one Subramani by obtaining a loan from Kotak Mahindra Finance Company for a valuable sale consideration of Rs.14,25,000/- and thereafter, she handed over her vehicle to one Boopalan, who is the friend of the de-facto complainant's family members, for doing lorry business. It is alleged that the said Boopalan and this petitioner had sold the vehicle in favour of third party by creating forged documents. Based on the complaint given by the de-facto complainant, a case has been registered. 3.The learned counsel appearing for the petitioner would submit that since the petitioner happens to be the friend of A1, he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
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4.The learned Government Advocate (Crl. Side) would submit that the petitioner/A2 along with A1 by tampering the engine number and chassis number, sold the lorry which belongs to the de-facto complainant in favour of a third party. He would further submit that the investigation is still pending and he vehemently opposed to grant anticipatory bail to the petitioner.
5.Considering the nature of allegation committed by the petitioner and also investigation is yet to be completed, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.
6. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 13/05/2021 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 INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMMAKKAL DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges CRL OP.8579/2021 Date :13/05/2021 RVR 29/06/2021 https://hcservices.ecourts.gov.in/hcservices/