K.Baskar v. The State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18505 of 2021 K.BASKAR [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, EOW-II, HQRS, CHENNAI.

CRIME NO.1 OF 2020 For Petitioner : M/S.K.JAGANNATHAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406, 420 and 120(b) of IPC in Crime No.1 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has been arrayed as A3 in this case. The petitioner along with other accused persons, induced general public and collected a sum of Rs.4.75 Crores from the defacto complainant, on the assurance of paying double the amount within a stipulated period. Thereby, they have cheated the defacto complainant. Based on the complaint lodged, the respondent police have registered a case against the petitioner and other accused persons.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as stated by the prosecution. The petitioner is an Auto Driver. The Co-accused has been released on bail by the Court below in Crl.MP.No.4028 of 2020. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate submitted that this is the 4th bail application of the petitioner and he along with the other accused had promised to repay the double the amount and cheated a sum of Rs.4.75/- Crores from the innocent persons. The learned Government Advocate further submitted that investigation is still pending and hence, he objected to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this petition is dismissed.

-sd/- 07/10/2021 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, EOW-II, HQRS, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.JAGANNATHAN Advocate on payment of necessary charges CRL OP.18505/2021 Date :07/10/2021 JPA 29/10/2021 https://hcservices.ecourts.gov.in/hcservices/