C . Nandhakumar v. The State Rep By
Crl.O.P.No.18035 of 2023 RMT.TEEKAA RAMAN, J.
The Petitioners, who apprehend arrest at the hands of the Respondent police for the offence punishable under Sections 341, 363, 324, 506(ii) of IPC in Crime No.496 of 2023 on the file of the Respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto-complainant is engaged with brokerage business and Textile business viz., Baniyan and vest. The defacto-complainant is engaged in business of taking valuable products for pledge and tendering loan for interest. On 03.07.2023 the defactocomplainant's friend one Ramu had pledged his Innova Vehicle bearing registration number TN-47-AK-0333 and obtained a sum of Rs.2,50,000/- from defacto-complainant. Thereafter, on 09.07.2023, morning 07.00a.m the 1st Accused and the other accused approached the defacto-complainant and enquired about the said INNOVA Car and they told that they were sent by Ramu. The Defacto-complainant replied that after the settlement of loan amount, Ramu will take back his vehicle. The 1st accused along with other accused were waylaid the defacto-complainant in a Honda Verna Car bearing registration number TN-09-BF-4180 and abducted him in the said vehicle. 1st accused assaulted the defacto-complainant and one of the accused threatened 1/ 4
the defacto-complainant with knife and attacked him. Further, the accused persons arranged Taxi for the defacto-complainant and sent him to Tiruppur and further threatened not to whisper this issue to anyone. Due to which, the defacto-complainant sustained several injuries and admitted in Hospital. Hence this complaint.
3.The learned Counsel for the Petitioners would submit that the Petitioners are not involved in the said offence. The Petitioners are the friends of the 1st accused. 1st Accused is running business of receiving vehicle and let the same to another needy person for rental basis by receiving identity cards. In such circumstances, One Jamuna let the said INNOVA Car to 1st Accused and the same was given for rental to one Ravi. Thereafter, the said vehicle went missing from the 1st accused and the GPS of the said vehicle is went off. After thorough search by the 1st Accused, the Petitioners found Ramu and he informed that vehicle is in the custody of the Defacto-complainant. Further, the accused persons and the Petitioners enquired about the defacto-complainant and knowing that defacto-complainant is the person receiving the stolen properties for lowest prices and he confirmed that the said Innova Vehicle was pledged by his friend Ramu. Further, the defacto-complainant ready to show the vehicle to the accused persons and the Petitioners and took all of them in a 2/ 4
vehicle, wherein the wordy altercations developed and ended in physical coercion, wherein the defacto-complainant sustained injury, immediately he went to hospital for taking treatment. Defacto-complainant in order to escape from receiving the stolen property filing the vexatious complaint against the Petitioners. The Petitioners are innocent and they are no way connected with the said alleged offence, their names were falsely implicated in the said case and investigation in this matter has already been completed. Hence, the learned counsel for the Petitioners prays for grant of anticipatory bail to the Petitioners. 4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the investigation of the case is not yet completed and the investigation is still pending. He is vehemently opposed to grant anticipatory bail to the Petitioners.
5.Heard both sides and perused the materials available on record. 6.Taking into consideration the submission made by learned counsel on either side and the fact that the investigation in this matter is not yet completed, this court is not inclined to grant Anticipatory Bail to the Petitioners. Accordingly, this Criminal Original Petition is dismissed. 21.08.2023 gvn/sai 3/ 4
RMT.TEEKAA RAMAN, J.
gvn/sai 21.08.2023 4/ 4