Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21392 of 2015 SARAVANAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE PALANICHETTIPATTI POLICE STATION, THENI DISTRICT.

CRIME NO. 1151 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.MANOHARAN Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, in Crime No.1151 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 IPC and hence, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant namely Raghunandhakumar and the petitioner are running Transport Companies. Due to friendship between them, the petitioner requested the defacto complainant to get loan of Rs.11,00,000/- for purchasing a lorry bearing Registration No. TN 59 3723 from Sakthi Finance in his name. But the petitioner did not pay monthly installment till date and though the petitioner has promised to hand over the vehicle, he did not keep up the promise and whereabouts of the petitioner is not known.

3. The case of the petitioner is that the petitioner purchased a lorry from one Sivasubramani and he paid Rs.3,00,000/- as advance. Since the lorry met with an accident, the said Sivasubramani requested him to pay the balance amount to repair the lorry and the petitioner gave the balance amount. Despite the repair, the lorry was not in running condition. The said Sivsubramani purposefully dragged the matter in transferring registration of the lorry in favour of the petitioner. Due to that, the petitioner asked the said Sivasubramani to return his money and take the lorry. Though he promised to repay the money with interest, till date he has not repaid the money. The said Sivasubramani instigated the defacto complainant to prefer a false complaint against the petitioner. The petitioner is innocent and he is no way connected with the occurrence as alleged by the prosecution and he has not committed any offence.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl. Side) submitted that the

case is registered in Crime No.1151 of 2015 for the offence under Section 420 IPC. He would further submit that after obtaining loan for a sum of Rs.11,00,000/- in the name of defacto complainant, the petitioner cheated him and investigation is pending.

5.Considering the serious nature of the charges, I am not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

sd/- 04/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE,PALANICHETTIPATTI POLICE STATION, THENI DISTRICT.

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

CM CSL/SK-SKN/SAR-II/18.01.2016 2P/3C

ORDER

IN CRL OP(MD) No.21392 of 2015 Date :04/01/2016 https://hcservices.ecourts.gov.in/hcservices/