Nizam v. The State Rep By

Crl.O.P.No.12464 of 2024 Crl.O.P.No.12464 of 2024 C.SARAVANAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 & 506(ii) of IPC in Crime No.not known of 2024, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent and perused the materials available on record.

3. The petitioner appears to had money transaction with the defacto complainant. It also appears that the defacto complainant has filed a suit before the IV Additional District Judge, Coimbatore in O.S.No.381 of 2024 to recover the amount.

4. Prima facie it appears to be a civil dispute as the defacto complainant has rightly approached the Civil Court. Be that as it may, the issue may involve criminality as well and that the petitioner has committed the offence under Sections 406 and 506 (ii) I.P.C., C.SARAVANAN, J.

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Crl.O.P.No.12464 of 2024 vum

5. Considering the same, the respondents are directed not to arrest the petitioner even if the FIR is registered against the petitioner subject to the petitioner to cooperate with the respondent in investigation.

6. With the above observation, this Criminal Original Petition is closed, granting liberty to the parties to work out the remedy in O.S.No.381 of 2024 on the file of the IV Additional District Court, Coimbatore.

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