S.Selvaganabathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.25957 of 2021 S.SELVAGANABATHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT (CRIME NO.1296 OF 2021) For Petitioner : M/S T.SHANMUGAM Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 420, 506 (i) of IPC in Crime No.1296 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had cheated the defaco complainant to the tune of Rs.4,70,000/- with a false promise that he will arrange a Central Government job for him. Hence, the defacto complainant had lodged a complaint before the respondent Police.

3.The learned counsel for the petitioner would submit that the petitioner borrowed the said amount to promote his business and presented cheque, as security for the said amount. He would further submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and false case has been foisted as against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor (Crl. Side) appearing for the respondent Police vehemently opposed to grant anticipatory bail to the petitioner on the ground that the matter has been referred to Mediation, and the petitioner had failed to comply with the order passed by this Court, to deposit a sum of Rs.2,00,000/- to the credit of Crime No.1296 of 2021. Subsequently, the mediation was failed and the matter was referred before this Court.

5. That apart, the petitioner has failed to comply with the said condition as such, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 17/06/2022 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, TOWN POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S T.SHANMUGAM Advocate on payment of necessary charges CRL OP.25957/2021 Date :17/06/2022 JPA 01/07/2022 https://hcservices.ecourts.gov.in/hcservices/