Madras High CourtCRL OP/15747/2021dismissed

N.Kala v. The State Rep.

2021-09-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15747 of 2021 1 N.KALA [ PETITIONERS / ACCUSED ] 2 N.RAGHUL KRISHNA Vs THE STATE REP. [ RESPONDENT ] THE INSPECTOR OF POLICE, KANGAYAM POLICE STATION, TIRUPPUR DISTRICT.

(CRIME NO. 1061 OF 2021) For Petitioner : M/S.D.RAGHU Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) & 506(ii) IPC, in Crime No.1061 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners had received a sum of Rs.8,50,000/- from the defacto complainant for the purpose of construction work. Thereafter, the petitioners had refused to complete the construction work and not repaid the amount, which led to the filing of the complaint.

3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that already civil suit is pending before the competent Court. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) submits that the petitioners had received a sum of Rs.8,50,000/- from the defacto complainant for the purpose of construction work. Thereafter, the petitioners had refused to complete the construction work and not https://hcservices.ecourts.gov.in/hcservices/

repaid the amount, It is further submitted that investigation is still pending. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the petitioners have involved in very serious offence, this Court is not inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/09/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, KANGAYAM POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.D.RAGHU Advocate on payment of necessary charges SR.NO.9396 CRL OP.15747/2021 Date :01/09/2021 CSK 23/09/2021 https://hcservices.ecourts.gov.in/hcservices/