K.Pandiyarajan v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24670 of 2021 K.PANDIYARAJAN [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, CRIME BRANCH C.I.D. METRO WING, EGMORE, CHENNAI-08.
(CR NO.4/2021) For Petitioner : M/S.S.SIVAKUMAR Advocate For Respondent : MR.A.GOKULAKRISHNAN, 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 for the alleged offence under Sections 147, 323, 347, 384 and 420 of IPC in Crime No.4 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that during the year 2019 the defacto complainant was taken to Thirumangalam PS and was threatened by the Inspector of Police in the presence of A3 and A4 and other police officials. The defacto complainant was forced to transfer the property infavour of A2, however the same has been prevented due to the intervention of the advocates. Further alleged that by threating and force transferred the property in the name of A1 and the petitioner arrayed as A6 in this case. However for the obvious reason the defacto complainant lodged a complaint. Hence the 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, he prays for grant of anticipatory bail.
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4. The learned Additional Public Prosecutor submitted that in his presence only documents are executed forcibly from the defacto complainant and his family members, apart from that the mother and his father also kept unlawfully more than one week and all the documents were executed forcibly. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of this case, on seeing the facts of the case as well as the contact of the parties which needs detailed investigation. If they released on bail they are absconding, till then they are not co-operating for investigation nor cancel the document as they promised for getting bail, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/12/2021 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, CRIME BRANCH C.I.D.METRO WING, EGMORE, CHENNAI-08, 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.S.SIVAKUMAR Advocate on payment of necessary charges SR.NO.15259 CRL OP.24670/2021 Date :20/12/2021 CSK 23/12/2021 https://hcservices.ecourts.gov.in/hcservices/