Moorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.15707 of 2014 MOORTHY ... PETITIONER/ ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR, CR.NO.429/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- On 3.2.

2015, this Court passed the following order: "The case of the prosecution is that the defacto complainant by name Veerakumar purchased a Templo Traveller on vehicle loan from AVT Finance in the year 2009 and handed over the same to one Moorthy on the assurance that Moorthy will pay the interest and principal for the loan to AVT Finance. After having taken the vehicle the said Moorthy handed over the vehicle to one Gnanasekaran and thereafter the same was handed over to one Sabarees. In the meantime, neither Moorthy nor Gnanasekaran paid any amount to Finance Company on account of which the Finance company is claiming money from the said Veerakumar. At this juncture, the amount comes around Rs.3,50,000/-.It is seen that initially the matter was referred to Mediation centre and failure report dated 29.01.2015 was sent.

The police is present today." 2.Today, the learned counsel for the petitioner submits that the petitioner only stood as a surety for the loan taken by Veerakumar. It is seen that the vehicle stand in the name of Veerakumar was handed over to the petitioner on the understanding that the petitioner should pay due to finance company. This petitioner handed over the vehicle to Gnanasekaran and the vehicle is not recovered. 3.Under such circumstances, it is not a fit case for granting anticipatory bail to the petitioner. This petition is dismissed. sd/- 04/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3.THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15707 of 2014 Date :04/02/2015 RG.10.02.2015 2P.5C.

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