Alagar Raja @ Raja v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL ORIGINAL PETITION No.28700 of 2018 ALAGAR RAJA @ RAJA [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUPUR RURAL POLICE STATION, TIRUPUR.

CR.NO.571 OF 2017 For Petitioner : M/S.AJMAL ASSOCIATES Advocate For Respondent : M/S. KRITIKA KAMAL P, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- This is the third anticipatory bail application and the last petition being Crl.O.P.No.16995 of 2017 has been dismissed by this Court, by a detailed order on 22.08.2017. 2.It is the case of the prosecution that Alagar Raja @ Raja (A1) has business dealing with de facto complainant, on account of which, some dispute arose. It is alleged that, at the instance of Alagar Raja @ Raja (A1), the de facto complainant was abducted on 03.07.2017 at knife point and was detained in a desolate place for two days.

While he was under detention, it is alleged that, the accused had obtained his signatures in blank papers and also in stamp papers. The de facto complainant was released only on 06.07.2017 and he reached home after which, he lodged the complaint to the Police, based on which, the present case in Crime No. 571 of 2017 was registered under Sections 364A, 394 and 397 IPC. 3.Learned counsel for the accused submitted that, after the dismissal of the earlier anticipatory bail application on 22.08.2017, the Police have not been able to arrest the accused till date and they have also completed the investigation and have filed a final report in PRC.No.38 of 2017 before the Judicial Magistrate No.IV, Tiruppur.

He further contended that, if the accused is released on anticipatory bail, he will appear before the trial Court and take part in the proceedings. https://hcservices.ecourts.gov.

4.Per contra, Mrs. Kritika Kamal, learned Government Advocate (Crl.Side) submitted that, non-bailable warrant has been issued against the petitioner for his arrest by the committal Court, viz., Judicial Magistrate No.IV, Tiruppur.

5.In the opinion of this Court, the filing of final report by the Police cannot be a reason to grant anticipatory bail to the accused, in a case of this nature. Similarly, the failure of the Police to arrest the accused cannot also be a good reason, to grant the relief of anticipatory bail to the accused, who has masterminded the abduction.

In such view of the matter, this Court does not find any merit in this application and consequently, this anticipatory bail application stands dismissed.

-sd/- 12/12/2018 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.IV, TIRUPPUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIRUPUR RURAL POLICE STATION, TIRUPUR.

+1CC to M/S.AJMAL ASSOCIATES Advocate on payment of necessary charges SR NO.23774 CRL OP.28700/2018 Date :12/12/2018 MK:18/12/2018 https://hcservices.ecourts.gov.in/hcservices/