Prabakaran.L v. Inspector Of Police

RMT.TEEKAA RAMAN , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 406 and 420 of IPC, in Crime No.39 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with one Manikandan running a firm in the name of M/s.Prabha Finances have given a loan of Rs.41,000/-, after pawning 16 gram of Gold belonging to the defacto complainant on 10.09.2022. Pursuant to which, the defacto complainant learnt that the office of said firm was closed for three months and the defacto complainant could not be contacted the petitioner. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this

case. He would further submit that the defacto complainant procured a loan of Rs.41,000/- by pawning 16 grams of gold from the petitioner's enterprise and subsequently, the defacto complainant had neither paid the interest nor paid any part of the principal amount. Having not paid the interest in view to illegally secure the gold, the defacto complainant foisted a false complaint. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused one Manikandan running a firm in the name of M/s.Prabha Finances have given a loan of Rs.41,000/-, after pawning 16 gram of Gold belonging to the defacto complainant. Thereafter, when the defacto complainant about to approach them, the shop is remained close for three months. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the averment made in the complaint and the submission made by the learned Government

Advocate that the matter is for investigation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

08.08.2023 ata

RMT.TEEKAA RAMAN , J.

ata 08.08.2023