K.Gowrishankar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirtieth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.22790 of 2021 K.GOWRISHANKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, EDF-III, CCB-II, VEPERY, CHENNAI (CRIME NO.50 OF 2020) For Petitioner : M/S. S.NAGARAJAN Advocate For Respondent : MR.S.BALAJI, 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 406, 420, 34 and 109 of I.P.C. in Cr.No.50 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the other accused is doing construction work under the name and style of M/s.Rudraksh Housing and they issued advertisement in the Newspaper for their project namely, construction of separate houses in Tellus Avenue. On seeing the advertisement, the defacto complainant approached the accused and thereafter loan amount sanctioned in favour of the defacto complainant was disbursed in favour of the accused, however, they neither handed over the property nor returned the money. Hence the complaint. The petitioner is arrayed as A3. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that the petitioner is only an employee of the construction company.

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4.The learned Government Advocate (Crl. Side) would submit that earlier, the petitioner approached this Court by filing Crl.O.P. No.17029 of 2021 and this Court vide order dated 22.09.2021 has dismissed the said petition.

5.Considering the allegations levelled against the petitioner and since there is no change in circumstances subsequent to the order passed in Crl.O.P.No.17029 of 2021, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 30/11/2021 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, EDF-III, CCB-II, VEPERY, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.NAGARAJAN Advocate on payment of necessary charges CRL OP.22790/2021 Date :30/11/2021 JPA 08/12/2021 https://hcservices.ecourts.gov.in/hcservices/