Madras High CourtCRL OP/20705/2021dismissed

C.Kamal v. Inspector Of Police

2021-11-02Honourable Mr Justice M.Dhandapani2 pages

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.20705 of 2021 1 C.KAMAL [ PETITIONERS / ACCUSED ] 2 C.KAVITHA Vs INSPECTOR OF POLICE [ RESPONDENT ] DISTRICT CRIME BRANCH THIRUVANAMALAI DISTRICT.

CRIME NO.12/2019 For Petitioner : M/S.G.MOHANAKRISHNAN Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 406 and 420 of IPC in connection with Crime No.12 of 2019 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is running a business related to maintenance of cereal under the instructions of concern banks in the name and style of M/s.National Collateral Management Services Ltd., and such cereals are the mortgage property of the banks against the loans issued by the Banks. While being so, the first petitioner had obtained a mortgage loan in his name and his sisters names from Karur Vaisya Bank and Central Bank of India Arani Branch against 25,600 bags of Paddy and rice. During routine audit, it was found that there was shortage of 6818 bags. 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 petitioners submit that the petitioners are innocent and they are nothing do to with the alleged offences. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

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4.The learned Government Advocate (Crl side) submits that there are totally seven accused persons involved in this case. The petitioners are arrayed as A1 & A2. The firs petitioners along with other accused conspired together and stolen the paddy bags. A1 has stolen 2980 bags worth about Rs.32,98,000/- and A2 has stolen 1831 paddy bags worth about Rs.23,76,600/- Investigation is primary stage. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and investigation is pending, 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 INSPECTOR OF POLICE DISTRICT CRIME BRANCH THIRUVANAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.MOHANAKRISHNAN Advocate on payment of necessary charges CRL OP.20705/2021 Date :02/11/2021 RVR 14/12/2021 https://hcservices.ecourts.gov.in/hcservices/