Vinayagam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2021

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Crl.O.P.No.10064 of 2021 Vinayagam ... Petitioner Vs.

State Represented by, The Inspector of Police, E-8, Kelambakkam Police Station, Chengalpattu District.

(Crime No. Not known) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to grant anticipatory bail to the petitioner in the event of arrest in connection with Crime No. Not known pending on the file of the respondent police.

For Petitioner : Mr.P.Anbarasan For Respondent : Mr.C.Baskaran, Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 406 and 420 of IPC in Crime No. Not known, seeks anticipatory bail.

2. According to the petitioner, he is the power agent of the defacto complainant having been granted a Power of Attorney under a registered Document No.1424 of 2018. The petitioner acting as a power agent of the defacto complainant has also sold the property of the defacto complainant.

3. However, it is the case of the prosecution that the petitioner has defrauded the defacto complainant by selling the property.

4. The learned Government Advocate (Crl.Side) appearing for the respondent on instructions would submit that the complaint given by the defacto complainant is in current paper stage and the respondent police is not intending to arrest the petitioner for the present. Further, he would submit that the petitioner will have to cooperate with the investigation and to attend the enquiry proceedings as and when called for by the respondent police. The learned counsel for the petitioner on instructions would agree to the same.

5.After recording the submission made by both sides, this Court issues the following directions:

(a) The petitioner shall cooperate with the investigation with regard to the complaint lodged by the defacto complainant in C.No.K2/1636/8471/2020 (b) Similarly, the defacto complainant shall also cooperate with the said investigation.

(c) The respondent police is directed to complete the enquiry proceedings in C.No.K2/1636/8471/2020 within a period of four weeks from the date of receipt of a copy of this order. Till the completion of enquiry, the respondent police is directed not to arrest the petitioner.

6. With the aforesaid directions, this Criminal Original Petition is disposed of.

-sd/- 09/06/2021 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 JUDICIAL MAGISTRATE, ALANDUR, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE E-8, KELAMBAKKAM POLICE STATION, CHENGALPATTU DISTRICT.

+1CC to M/S.P.ANBARASAN Advocate on payment of necessary charges SR NO.6417 CRL OP.10064/2021 Date :09/06/2021 MK:14/06/2021