Madras High CourtCRL OP/25665/2021dismissed

Sridevi v. The State Rep By

2022-01-31Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25665 of 2021 1 SRIDEVI [ PETITIONERS / ACCUSED ] 2 NANDHAKUMAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, SALEM, SALEM DISTRICT.

(CRIME NO. 6 OF 2021) For Petitioner : M/S.VISHNU PRASAD, Advocate for M/S. G.MUTHUKUMAR Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor 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 409 & 420 of IPC, in Crime No.6 of 2021 on the file of the respondent seeks anticipatory bail.

3. The case of the prosecution is that the defacto complainant is doing wholesale vegetable business. It is alleged that during the course of business transactions from 28.04.2019 to 03.03.2021, the petitioners were alleged to have purchased Onion and Garlic worth about Rs.30,00,000/- for which they issued post-dated cheques and it is further alleged that the said cheque was returned as insufficient funds. Hence, the complaint.

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4.The learned counsel for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution. He further submits that the petitioners had already paid Rs.30,00,000/- to the defacto complainant. Hence, he seeks for grant of anticipatory bail to the petitioners.

5. The learned Additional Public Prosecutor vehemently opposed for granting anticipatory bail to the petitioners stating that the petitioners had cheated the defacto complainant to the tune of Rs.30,00,000/- and further the investigation is at premilinary stage.

6. Considering the gravity of offence committed by the petitioners and also considering that the petitioners are husband and wife and if they granted anticipatory bail they may abscond and further detailed investigation is needed, hence this court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 31/01/2022 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, DISTRICT CRIME BRANCH, SALEM, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.MUTHUKUMAR Advocate on payment of necessary charges CRL OP.25665/2021 RW 08/02/2022 Date :31/01/2022 https://hcservices.ecourts.gov.in/hcservices/