Balaji v. The State Rep.By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 342, 384, 326 and 506(2) of IPC, in Crime No.275 of 2023, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant/Sikkandhar Raja is that he had conducted an on-line trading, and there was a dispute between him and one Mohanraj, and the persons related to Mohanraj have threatened the defacto complainant and he through his Advocate informed him that he would settle the amount. While so, on 06.06.2023, the petitioner along with some unknown persons trespassed into the house of the defacto complainant, assaulted him and intimidated him and thereafter they have also kidnapped his wife and taken her to Manappuram Finance and under threat had made her to swipe credit card and taken away the cash of Rs.1,76,000/- and also threatened the family members. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false complaint has been given. He would further submit that the petitioner is running around for 20 days. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that he case is under an initial stage of investigation. He further submitted that the arrested accused are still in custody. He further submitted that the petitioner is a person who had kidnapped the wife of the defacto complainant and taken her to Manappuram Finance and under threat made her to swipe her credit card and taken away an amount of Rs.1,65,000/- from her and they have also threatened the other family members. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel on either sides and perused the entire materials available on record.

6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either side and also taking note of the fact that the arrested accused are still in custody and the custodial interrogation of the petitioner is required, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 27.06.2023 drl

A.D.JAGADISH CHANDIRA. J.

drl 27.06.2023