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Madras High CourtCRL OP/22503/2024dismissed

Manickam v. The State Rep By Its,

2024-09-26Honourable Mrs Justice T.V.Thamilselvi3 pages

Crl.O.P.No.22503 of 2024 T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 & 420 of IPC, in Crime No. 65 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and one Sasikumar approached the defacto complainant for taking his JCB Hitachi for monthly rent of Rs.1 Lakh. There was an agreement also entered into between the petitioner and the defacto complainant in this regard and advance amount also paid by the petitioner. Thereafter, the defacto complainant came to know that without the knowledge of the defacto complainant, the petitioner had sold the JCB Hitachi to the tune of Rs.9,50,000/- to the some other person. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any condition that

may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that there are five previous cases similar in nature are pending as against the petitioner. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Considering the submissions made by the learned Government Advocate (Crl.Side) appearing for the respondent and the gravity of offence involved and also considering the fact that there are five previous cases similar in nature pending against the petitioner and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 26.09.2024 mfa

T.V.THAMILSELVI, J.

mfa Crl.O.P.No.22503 of 2024 26.09.2024