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Madras High CourtCRL OP/16904/2023dismissed

Alavudeen v. The State Rep By

2023-08-02Honourable Mr Justice G. Chandrasekharan4 pages

G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioners on anticipatory bail in the event of their arrest in connection with Crime No.184 of 2023 pending investigation on the file of the respondent.

2.It is the submission of learned counsel for the petitioners that petitioners are falsely implicated as accused for the offences under Section 147, 120 b, 379, 420, 294 (B) and 506 (ii) I.P.C in Cr.No.184 of 2023. Petitioners are innocents. Apprehending arrest, this petition is filed for seeking anticipatory bail.

3.In response, the learned Government Advocate (Criminal side) submitted that defacto-complainant is the owner of the lorry bearing No.TN 28 AU 8172. For the purpose of getting repair works, the vehicle was entrusted to Manager Manikandan and driller Senthilkumar. However, both had taken the rig and threatened to kill him. The defacto-complainant gave a complaint to the Police on 13.12.2021. However, no action was taken. Thereafter, Allaudin, Jahir Hussain, Ramesh and Thiyagarajan along with Manikandan and Senthilkumar, to grab money from the defacto1/4

complainant, made a proposal to the defacto-complainant to pay Rs.5,00,000/-; If Rs.5,00,000/- is given, they promised that the vehicle would be returned to him. Without no option, defacto-complainant arranged for Rs.4,50,000/- and paid it to Allaudin, Jahir Hussain, Manikandan and Thiyagarajan. Even thereafter, they had not made arrangements for returning the rig. When defacto-complainant made a phone call to them on 24.07.2022, and requested for return of the rig, they threatened to kill him. In the said circumstances, the complaint was given. The learned Government Advocate (Criminal side) further submitted that neither the rig nor the amount of Rs.4,50,000/- was recovered from the accused. 4.Considered the rival submissions and perused the records. 5.Considering the nature of the offence alleged to have been committed by these petitioners, that neither the rig nor the cash of Rs.4,50,000/- is recovered so far, and that investigation in this case is not completed, this Court is not inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, this Criminal Original Petition is dismissed. 02.08.2023 ep 3/4

G.CHANDRASEKHARAN, J.

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