Rajapandi 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.22308 of 2021 RAJAPANDI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DHARMAPURI TOWN POLICE STATION, DHARMAPURI DISTRICT.
CR.NO.1416/2021.
For Petitioner : M/S.A.K.HEMARAJ 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 Section 420 of IPC in Crime No.1416 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other accused person had made a promise to the defacto complainant to arrange an amount of 5 crores as debt and thereby obtained a sum of Rs.20,00,000/- as Commission. thereafter neither they arranged the amount nor returned the said Commission amount. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he had not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
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4. The learned Government Advocate (Crl.Side) submitted that that the petitioner along with other accused person had made a promise to the defacto complainant to arrange amount as debt and thereby obtained a sum of Rs.20,00,000/- thereafter neither they arranged the amount as debt nor returned the said amount. He further submitted that the third accused was arrested and the remaining other accused are absconding. 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 petitioner.
5. Considering the fact that large amounts of money is involved and that the petitioner had cheated under guise of getting funds 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/- 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, DHARMAPURI TOWN POLICE STATION, DHARMAPURI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.K.HEMARAJ Advocate on payment of necessary charges CRL OP.22308/2021 Date :25/11/2021 TA-06/12/2021 https://hcservices.ecourts.gov.in/hcservices/