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Madras High CourtCRL OP/13536/2023dismissed

M.Chinnaswamy v. Sub Insepctor Of Police

2023-08-10Honourable Mr Justice Rmt. Teekaa Raman2 pages

Crl.O.P.No.13536 of 2023 Crl.O.P.No.13536 of 2023 RMT. TEEKAA RAMAN.,J.

The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 406, 420 and 120(B) r/w 34 of I.P.C, in Crime No.132 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that, on 16.07.2021 one Raj and Arulraj are collected the money for a sum of Rs.1,30,00,000/- from the petitioner to secure the job for 55 persons through the Raj's wife namely Sangeetha who worked as a Sub-Collector, Chennai. The respondentpolice demanded the petitioner to re-pay the said amount and the petitioner has paid only Rs.11,75,000/-. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the respondent police issued notice under Section 41-A of Cr.P.C for appearance whereas the petitioner was unable to appear due to his poor health condition. Hence, he prayed for grant of anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.13536 of 2023 RMT.TEEKAA RAMAN,J., 4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the above said complaint is under investigation. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and the nature of offence committed by the petitioner and the investigation is at nascent stage, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 10.08.2023 nvi Crl.O.P.No.13536 of 2023 https://www.mhc.tn.gov.in/judis 2/2