Madras High CourtCRL OP/20886/2021dismissed

Dharvis v. Station House Officer

2021-11-08Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of November Two Thousand Twenty One PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.20886 of 2021 DHARVIS [ PETITIONER / ACCUSED ] Vs THE STATION HOUSE OFFICER, [ RESPONDENT / COMPLAINANT] KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

(CRIME NO.202/2019) For Petitioner : M/S.M.RANJITH KUMAR Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence "Man Missing" altered into Section 364(A) IPC, in Crime No.202 of 2019, seeks anticipatory bail. 2.The case of the prosecution is that 30.04.2019, the husband of the defacto complainant went missing. Initially the case was registered under "Man Missing". Thereafter, on further investigation, it was found that the petitioner along with other accused kidnapped the husband of the defacto complainant and demanded ransom of Rs.25 lakhs. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. There was a money dispute between the petitioner and the husband of the defacto complainant and thereby, a false case has been foisted against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor raised strong objection stating that A1 to A7 kidnapped the victim and demanded https://hcservices.ecourts.gov.in/hcservices/

ransom of Rs.25 lakhs. Thereafter, a sum of Rs.15 lakhs was paid on the first day. However, they refused to release him and on the next day, a sum of Rs.10 lakhs was paid to the accused. He would submit that the accused A1 to A5 have been arrested and the petitioner is arrayed as A6 and he has got one previous case for the offence under Section 307 IPC. He would further submit that the investigation is pending.

5.Considering the grave nature of offence and that the investigation is still pending, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/11/2021 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 STATION HOUSE OFFICER, KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.M.RANJITH KUMAR Advocate on payment of necessary charges CRL OP.20886/2021 Date :08/11/2021 INBA-18/11/2021 https://hcservices.ecourts.gov.in/hcservices/