Venkatesan v. State Rep By

Crl.O.P.No.16843 of 2023 RMT.TEEKAA RAMAN, J.

This Petition has been filed to enlarge the Petitioner on bail in the event of his arrest in Crime No.Not known of 2023 on the file of the Respondent police, for the offence under Section 420 of I.P.C. 2.The case of the prosecution is that the Defacto Complainant is one M.K.A.Karunanithi, S/o.Late.Kanagasabai, residing at No.48, 6th Cross street - Rainbow Nagar, Puducherry, who lodged a complaint before the Respondent/Police. On such complaint, an enquiry was conducted by the Respondent/Police and the Petitioner has been summoned to appear before the Respondent/Police for enquiry.

3.Learned Public Prosecutor (Puducherry) submitted that the Defacto Complainant lodged a complaint with the Respondent Police stating that he has paid a sum of Rs.37,38,000/- for selling the bus permit in Puducherry jurisdiction. However, he was cheated by the Petitioner and the complaint was not taken on file and as required under Section 41(A) of the Criminal Proceedure Code, notice has been sent initially on 26.05.2023 and subsequently on 08.06.2023, but the Petitioner has not chosen to appear before the Respondent. However, the Petitioner preferred this case. 1/ 3

4.On instruction from the Respondent/Police, based upon the preliminary enquiry, the learned Government Advocate (Crl. Side) stated that the bus permit was stand only in the name of the Petitioner. Hence, I am not inclined grant anticipatory bail to the Petitioner, further directing the Petitioner to appear before the Respondent police as required in the notice, then the Respondent shall decide the course of action. Thereafter, if the Petitioner is aggrieved, it is open to the Petitioner to approach this Court. 5.With this liberty, this Criminal Original Petition is closed. 07.08.2023 sai 2/ 3

RMT.TEEKAA RAMAN, J.

sai Crl.O.P.No.16843 of 2023 07.08.2023 3/ 3