Vadivel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20782 of 2021 VADIVEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, COIMBATORE.

(CRIME NO.33/2021) For Petitioner : M/S.K.G.SENTHILKUMAR 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 120(b), 465, 467, 471, 420 and 511 of IPC in connection with Crime No.33 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused jointly fabricated and forged a cheque as if the said cheque was issued by Former Attorney General of India. Based on the complaint lodged by the defacto complainant, the respondent police registered a case against the petitioner and other accused. 3.

The learned counsel appearing for the petitioner submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner is arrayed as A5 and he is the friend of A3. A3 has requested the petitioner to deposit the cheque into the account of A1, which is named as Thirumangai Charitable Trust. The petitioner herein is running a foundation and the 4th accused made allegation against this petitioner. Except this allegation, no other allegation levelled against the petitioner. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl side) submits that this is the second anticipatory bail application of the petitioner. On 26.05.2021, the accused persons presented a forged cheque for a sum of Rs.6 Crores for encashment, On suspicion, the defacto complainant, who is a Branch Manager of the HDFC Bank, verified the cheque and found that the same is forged one. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and some of the accused persons have not been secured so far and there is no change of circumstances, hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original petition is dismissed. -sd/- 02/11/2021 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, CENTRAL CRIME BRANCH, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.G.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.20782/2021 Date :02/11/2021 CSK 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/