Madras High CourtCRL OP/13497/2020dismissed

Jayakumar v. State By

2020-10-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.10.2020

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13497 of 2020 1.Jayakumar ... Petitioners 2.Vijaya Vs.

State rep.by ... Respondent The Inspector of Police, Central Crime Branch, Thiruppur City, Thiruppur District.

(Crime No.9 of 2020) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in Crime No.9 of 2020 pending on the file of the respondent police.

For Petitioners : Mr.V.Chinnasamy For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The second petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, and r/w 109 of IPC, in Crime No.9 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The petition was dismissed as infructuous on 07.10.2020, insofar as the first petitioner/A1 is concerned since, he is arrested.

3. The case of the prosecution as per the defacto complainant is that the petitioner has received a sum of Rs.17,00,000/- by showing some one's property and cheated the defacto complainant. Hence, the complaint.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner would submit that the second petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner.

5. The learned Additional Public Prosecutor would submit that the first petitioner/A1 has been arrested and he is still in custody and also submitted that the investigation is still pending. Hence, he vehemently opposed for grant of anticipatory bail to the second petitioner.

6. Taking into consideration the allegations and the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the second petitioner is essential, this Court is not inclined to grant anticipatory bail to the second petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/10/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, THIRUPPUR CITY, THIRUPPUR DISTRICT.

CC to M/S.V.CHINNASAMY Advocate on payment of necessary charges CRL OP.13497/2020 Date :16/10/2020 TA-23/10/2020 https://hcservices.ecourts.gov.in/hcservices/