Madras High CourtCRL OP/9337/2021dismissed

Mahendiran v. The State Rep By

2021-06-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.9337 of 2021 MAHENDIRAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, EGMORE POLICE STATION, TRIPLICANE DISTRCT, CHENNAI.

CRIME NO.858 OF 2020 For Petitioner : M/S.N.CHINNARAJ Advocate For Respondent : M/S.C.E.PRATAP, 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 punishable under Sections 419, 420, 465, 467, 468 & 471 of IPC, in Crime No.858 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant had borrowed credit from the petitioner by mortgaging his property. Thereafter, the petitioner created a fake sale agreement and extended time the balance amount. Thereafter, the petitioner along with A2 initiated the Arbitration proceedings and got award, thereafter he filed in EPR.No.

35 of 2017 before the Sub Court, Sathyamangalam. Further, the defacto complainant had filed in CMP.No.2395 of 2018 in CRP.No.453 of 2018 before this Court. Therefore, as per directions of this Court the present FIR has been registered. 3.The learned counsel appearing for the petitioner submit that the petitioner has not committed any offence as alleged by the prosecution and he have been falsely implicated in this case. He would further submit that the petitioner has paid a sum of Rs.2,00,000/- to the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) submits that after registration of FIR, A2 had been arrested and thereafter he enlarged on bail and this petitioner is absconding for evading enquiry. It is further submitted that investigation is still pending. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner had committed very serious offence, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/06/2021 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, EGMORE POLICE STATION, TRIPLICANE DISTRCT, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.CHINNARAJ Advocate on payment of necessary charges CRL OP.9337/2021 Date :15/06/2021 TA-23/07/2021 https://hcservices.ecourts.gov.in/hcservices/