Madras High CourtCRL OP/16340/2024dismissed

M Udhayakumar v. The State Rep By

2024-07-11Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.16340 of 2024 Crl.O.P.No.16340 of 2024 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 506(1) of IPC and Section 4 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.8 of 2024 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that defacto complainant obtained a hand loan of Rs.1,88,74,500/- from A1, who is the father in law of the petitioner, for which, the defacto complainant has given updated cheque with filled amount of Rs.2 crores, a sale deed of ancestral property, a settlement deed in the name of his wife and unfilled four pronotes towards loan. The further allegation is that the defacto complainant had given a part principal amount of Rs.1,30,00,000/- and Rs.58,74,500/- to A1, for which, he negotiated and fixed Rs.75 lakhs as an interest, subsequently the defacto complainant paid the entire amount to the petitioner asked for the return of the documents and the same was not returned by the petitioner. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that A1 already filed O.S. No. 271 of 2024 before Principal T.V. THAMILSELVI, J.

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Crl.O.P.No.16340 of 2024 drl Sessions Judge, Namakkal and the original document was handed in the Court. He would also submit that there is no specific overtact attributed against the petitioner and he is ready to comply with any condition imposed by this court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would raised serious objection stating that the documents have not handed over to the petitioner. He would further submit that the investigation is still pending.

5. Considering the above fact and circumstances of the case and the submissions made by both the counsels and also on considering the gravity of offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

11.07.2024 drl Crl.O.P.No. 16340 of 2024 2/2 https://www.mhc.tn.gov.in/judis