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Madras High CourtCRL OP/10713/2023granted

Karthik Dhanpal v. The Commissioner Of Police

2023-05-18Honourable Mr Justice K.Kumaresh Babu4 pages

Crl.OP.No.10713 of 2023 K. KUMARESH BABU, J.

The petitioner, who apprehends arrest at the hands of the third respondent in connection with Crime No.28 of 2023 under Sections 420, 406,504,506 and 34 IPC pending on the file of the third respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the complainant was carrying business under name and style of M/s. Schiya Steel International, Mumbai, and sent goods to the accused to the tune of Rs.91,15,870/-, for which the accused had made a part payment of Rs.51,12,759/-. According to the complainant, even after repeated requests, the accused has not paid the balance sum of Rs.40,03,111/-. Hence the present case.

3. The learned counsel for the petitioner would submit that there is no iota of truth in the case and that for a pure civil profile a 1/4

criminal colour has been given. The learned counsel for the petitioner, therefore, prays that Interstate Anticipatory bail may be granted to the petitioner to enable him to move to the appropriate jurisdictional Court in Mumbai City, Maharashtra, for necessary relief.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant inter-state interim anticipatory bail to the petitioner for a period of four weeks from today to enable him to move to the concerned Court.

5. Accordingly, interim interstate anticipatory bail is granted to the petitioner for a period of four weeks, on condition that the petitioner shall surrender before the Judicial Magistrate Court No.IV, Tiruppur, within a period of fifteen days from the date on which the order copy made ready and the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the said learned Magistrate. Further, within two weeks from the date of execution of bail bond, the petitioner 2/4

shall approach the competent Court in Mumbai City, Maharashtra, and seek appropriate relief.

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

18.05.2023 bga/gbi 3/4

K. KUMARESH BABU, J.

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