Vishnu Sagar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.22233 of 2021 1 VISHNU SAGAR [ PETITIONERS / ACCUSED ] 2 POORNIMA Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, J5, SASTRI NAGAR POLICE STATION, ADYAR, CHENNAI - 600 020.
(CRIME NO.268 OF 2021) For Petitioners : R.THIRUMOORTHY 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 109, 120(B), 420 & 409 of IPC in Crime No.268 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners along with other accused person had made a promise to the defacto complainant to arrange loan and thereby obtained a sum of Rs.92,00,000/- thereafter neither they arranged loan amount nor returned the said amount. But, the cheques were issued, the same was dishonoured. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they had not committed any offence as alleged by the prosecution. He further submitted that co-accused had already been released on bail. Hence, he prays for grant of anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl.Side) submitted that that the petitioners along with other accused person had made a promise to the defacto complainant to arrange loan and thereby obtained a sum of Rs.92,00,000/- thereafter neither they arranged loan amount nor returned the said amount. But, the cheques were issued, the same was dishonoured. He further submitted that the investigation is at initial stage and the custodial interrogation is very much required. Hence, he strongly opposed the grant of anticipatory bail to the petitioners.
5. Considering the fact that large amounts of money is involved and that the petitioners had cheated under the guise of loan and also taking into consideration the fact that investigation is still going on, enlarging the petitioners 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 petitioners.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/11/2021 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, J5, SASTRI NAGAR POLICE STATION, ADYAR, CHENNAI - 600 020.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.22233/2021 Date :25/11/2021 JPA 29/11/2021 https://hcservices.ecourts.gov.in/hcservices/