Madras High CourtCRL OP(MD)/2301/2022dismissed

A.Periyasamy v. The Inspector Of Police

2022-03-28Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.2301 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.03.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.2301 of 2022 A.Periyasamy ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Paramakudi Police Station, Ramnad District.

(Crime No.Not known of 2022) ... Respondent/Complainant For Petitioner : Mr.M.Mahendrapathy, Advocate.

For Respondent : Mr.M.Muthumanikkam, Counsel for Government of Tamil Nadu(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.Not known of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 IPC, in Crime No.Not known of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant sold his lorry to the petitioner and the petitioner gave a sum of Rs.1,00,000/- to the defacto complainant as advance and that when the defacto complainant asked the petitioner to give the balance amount of Rs.5,10,000/-, the petitioner refused to give the amount and cheated the defacto complainant. Hence, the complaint. 3.When the matter was taken up for hearing on 16.03.2022, considering the submission made by the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side), this Court has directed the petitioner to appear before the respondent police on 24.03.2022 at 11.00 a.m., and the Investigating Officer was directed to proceed with the enquiry. 4.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) would submit that the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2301 of 2022 has not appeared before the respondent police on 24.03.2022 as directed by this Court and also on the previous hearings. He would further submit that petition enquiry is pending. 5.Despite the direction of this Court, the petitioner has not chosen to appear for the enquiry.

6.Since the petitioner has not chosen to appear before the respondent police as directed by this Court, this Court is not inclined to grant any relief to the petitioner. 7.In the result, this Criminal Original Petition is dismissed. sd/- 28/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE INSPECTOR OF POLICE, PARAMAKUDI POLICE STATION, RAMNAD DISTRICT.

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

ORDER

IN CRL OP(MD) No.2301 of 2022 Date :28/03/2022 SA/JM/SAR.3/01.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2