Madras High CourtCRL OP/22890/2021dismissed

Ansar Basha v. The State Represented By

2021-12-06Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22890 of 2021 ANSAR BASHA [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, V-7, NOLAMBUR POLICE STATION, NOLAMBUR, ANNA NAGAR, CHENNAI-600 040.

(CRIME NO.847 OF 2021) For Petitioner : M/S.S.MAGESH KUMAR Advocate For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor For Intervener : M/S.S.UDHAYAKUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 406 & 420 of IPC in Cr.No.847 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is running travels and providing his cars for lease. The petitioner along with other accused persons bought two cars from the defacto complainant for lease. Thereafter, he refused to pay the monthly rent. Later, the defacto complainant came to know that the petitioner has also bought cars from other persons and cheated many people by not paying the rent. Hence, the defacto complainant lodged a complaint against the petitioner.

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.

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4.The learned Additional Public Prosecutor submitted that the petitioner along with other accused persons were alleged to have got several cars for lease and cheated many people by not paying back the rent amount. He further submitted that out of 59 cars, 2 cars are recovered from the petitioner and furthermore submitted that A1, A2 and A3 are absconding. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that the property has yet to be recovered and also it requires detailed investigation and that A1,A2 and A3 are still absconding, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 06/12/2021 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, V-7, NOLAMBUR POLICE STATION, NOLAMBUR, ANNA NAGAR, CHENNAI-600 040.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.MAGESH KUMAR Advocate on payment of necessary charges CRL OP.22890/2021 Date :06/12/2021 TA-28/12/2021 https://hcservices.ecourts.gov.in/hcservices/