K.Gowrishankar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Second day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.17029 & 16785 of 2021 AND CRL MP.NO.9530 of 2021 IN CRL.O.P.No.16785 of 2021 K.GOWRISHANKAR [ PETITIONER / ACCUSED IN CRL.O.P.No.17029/2021 ] VIJAY ARAVIND [ PETITIONER / ACCUSED IN CRL.O.P.No.16785/2021 ] Vs STATE REP BY [ RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE, IN CRL.O.P.No.17029/2021 ] EDF-III, CCB-II, VEPERY,CHENNAI (CRIME NO.50/2020) THE STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN CRL.O.P.No.16785/2021 ] CCB POLICE VEPERY, CHENNAI.
S.VENUGOPAL [PETITIONER/INTERVENER/DEFACTO COMPLAINANT IN CRL.MP.NO.9530/2021 IN CRL.OP.No.16785/2021 ] ORDERED AS PER ORDER OF THIS COURT DATED 22.09.2021 IN CRL MP.NO.9530 OF 2021 IN CRL.O.P.No.16785 OF 2021 For Petitioner : M/S S.NAGARAJAN Advocate [IN CRL.O.P.No.17029/2021] For Petitioner : NO APPEARANCE [IN CRL.O.P.No.16785/2021 ]
For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) [[IN BOTH THE PETITIONS] For Intervener : M/S.V.BALU, Advocate [IN CRL.O.P.No.17029 OF 2021] For Intervener : M/S.IYYAKANNU, Advocate [IN CRL MP.NO.9530 of 2021 IN CRL.O.P.No.16785 of 2021] 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 offence under Sections 406, 420, 34 and 109 of I.P.C. in Cr.No.50 of 2020 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners are doing construction work under the name and style of M/s.Rudraksh Housing and they issued advertisement in the Newspaper for their project namely, construction of separate houses in Tellus Avenue. On seeing the advertisement, the defacto complainant approached the petitioners and thereafter loan amount sanctioned in favour of the defacto complainant was disbursed in favour of the accused, however, they neither handed over the property nor returned the money. Hence the complaint. The petitioners are arrayed as A3 and A2 respectively. 3.There is no representation for the petitioner in Crl.O.P.No.16785 of 2021. The learned counsel appearing for the petitioner in Crl.O.P.No.
17029 of 2021 submitted that the petitioner has not committed any offence as alleged by the prosecution and that the petitioner is only an employee of the construction company. 4.The learned counsel appearing for the intervenor submitted that the loan amount to the tune of Rs.1 Crore 22 Lakhs, availed in the name of the defacto complainant was disbursed in favour of the accused and the defacto complainant is paying the EMI for the loan amount, however, the accused neither handed over the property nor repaid the amount.
5.Heard the submissions made by the learned Government Advocate.
6.Considering the fact that huge amount is involved in the case and the fact that the defacto complainant is paying the EMI for the loan amount, however, the accused neither handed over the property nor repaid the amount, this Court is not inclined to grant anticipatory bail to the petitioners.
7.These criminal original petitions are accordingly dismissed. -sd/- 22/09/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.
2 THE INSPECTOR OF POLICE, EDF-III, CCB-II, VEPERY, CHENNAI.
3 THE INSPECTOR OF POLICE, CCB POLICE VEPERY, CHENNAI.
+1 CC to M/S IYYAKANNU, Advocate on payment of necessary charges SR.NO.10485 +1 CC to M/S.V.BALU, Advocate on payment of necessary charges SR.NO.10423 CRL OP. Nos.17029 & 16785 of 2021 & CRL MP.NO.9530 of 2021 IN CRL.O.P.No.16785 of 2021 Date :22/09/2021 RW 04/10/2021