Jeevithan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 17/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8371 of 2019 Jeevithan ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Aruppukottai Town Police Station Virudhunagar District Crime No.6 of 2019.

... Respondent/Complainant For Petitioner : M/s.S.J.Chakkaravarthy, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For anticipatory bail in Crime No.6 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 I.P.C r/w Section 34 I.P.C, in Crime No. 6 of 2019, seeks anticipatory bail.

2.The learned counsel for the petitioner has submitted that since the petitioner being a friend of A1, he has been falsely implicated in this case. He has further submitted that the accused No.1 had some business transaction with the defacto complainant, but the petitioner herein is no way connected with the said transaction and therefore, he prayed to grant anticipatory bail to the petitioner.

3.The learned Additional Public Prosecutor has submitted that on 13.12.2017, the petitioner herein and A1 have received a sum of Rs.16,90,000/- by giving false promise that they will return the said amount on or before 31.12.2018 and to that effect they have https://hcservices.ecourts.gov.in/hcservices/

executed a document also and subsequently, the petitioner and A1 did not keep up their promise and therefore, he opposed this petition. Further, he has produced the document which was said to have been executed by both the accused.

4.A perusal of the said document shows that the petitioner herein and A1 had received a sum of Rs.16,90,000/- from the defacto complainant and gave an undertaking that they will repay the same on or before 31.12.2018, so the defence appears to be false. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this Criminal Original Petition is dismissed. sd/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8371 of 2019 Date :17/06/2019 MS/VR/SAR-4/25.06.2019/2P.3C https://hcservices.ecourts.gov.in/hcservices/