Esak @ Isac v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Third day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22142 of 2021 ESAK @ ISAC [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THIRUVALLUR DISTRICT.

CR.NO.27/2021.

For Petitioner : M/S.K.SARATHKUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, 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 420, 465, 468, 471 and 506(i) of IPC in Crime No.27 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 01.09.2016 the brother and sister-in-law of the petitioner visited the house of the defacto complainant and gave a promise to buy a house for them with the help of their relative and received Rs.2,50,000/- as 1st instalment from them. But thereafter they did not contact the defacto complainant. After 2 months they had given an fake allotment slip to the defacto complainant. Further, the petitioner had abused the defacto complainant in filthy language and threatened him with dire consequences. Hence, this complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submitted that coaccused anticipatory bail application was dismissed by this Court in Crl.O.P.No.21339 of 2021 dated 15.11.2021. He further submitted that the investigation not yet been completed, so far they collected 5 fake allotment orders. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that amounts of money is involved and also taking into consideration the fact that investigation is still going on, enlarging the petitioner on anticipatory bail at this point of time, when the offence is serious in nature and there is likelihood of the petitioner indulging in activities which would be prejudicial for investigation, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 23/11/2021 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, DISTRICT CRIME BRANCH, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.SARATHKUMAR Advocate on payment of necessary charges CRL OP.22142/2021 Date :23/11/2021 TA-30/11/2021 https://hcservices.ecourts.gov.in/hcservices/