A.Kannaiyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24151 of 2021 A.Kannaiyan ... Petitioner

Versus

State Rep. by The Inspector of Police, City Crime Branch, Tiruppur District, (Crime No.Not Known of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to grant an Anticipatory Bail to the petitioner in the event of his arrest or on their appearance before any Court in connection with the case in Crime No. Not Known of 2021 pending investigation on the file of the respondent police. For Petitioner :

Mr.N.Guruprasad For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor * * * * *

O R D E R

This Criminal Original Petition is filed to grant an Anticipatory Bail to the petitioner in the event of his arrest or on their appearance before any Court in connection with the case in Crime No. Not Known of 2021 pending investigation on the file of the respondent police.

2.The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under sections 420 and 506(i) IPC in Crime No.Not Known of 2021, seeks Anticipatory Bail. 3.The case of the prosecution is that the informant had taken premises for lease belonging to R.Natarajan dated 18.02.2019 and alleged that the lease period of the same extended upto five years. It was alleged by the informant that the petitioner herein has failed to pay the rent and thereby lodged a false complaint in Palladam Police

Station which was subsequently closed stating that the case is civil in nature. Thereafter, in June 2021 the informant again filed a complaint in the respondent police station demanding the falsely claimed arrear rent amount and compensation. Hence the informant had lodged a complaint before the Law Enforcing Agency. 4.The learned counsel appearing for the petitioners submits that he was falsely implicated in this case and he have not indulged in any offence as alleged by the prosecution. He is ready and willing to furnish substantial sureties for the appearance before any Court of law in the event of grant of Anticipatory Bail. He undertakes that he will not abscond, evade justice or tamper with the witnesses. He will abide by any condition as this Court imposed. Hence, he prayed for grant of anticipatory bail to the petitioner. 5.

The learned counsel appearing for the petitioner further submits that the respondent police compelling the petitioner to sign the documents and to execute the pro notes in the police station. 5.The learned Additional Public Prosecutor submits that enquiry in this case is going on and the respondent police shall complete the enquiry within a period of two weeks. Hence, he opposed for grant of anticipatory bail to the petitioner.

6.Considering the facts and circumstances of the case, this Court is not appreciated the said act of the respondent police. In view of the same, this Court directed the respondent police to complete the enquiry, within a period of two weeks. But the respondent police is directed not to get any document out of coercion, from any of the party concerned during enquiry. Accordingly ordered. -sd/- 14/12/2021 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 JUDICIAL MAGISTRATE NO.I, TIRUPPUR.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUPPUR DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TIRUPPUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S.M.GURUPRASAD Advocate on payment of necessary charges SR.NO.14866 CRL OP.24151/2021 Date :14/12/2021 INBA▬04/01/2022