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Madras High CourtCRL OP(MD)/12918/2016dismissed

Dr. Yuvaraja v. The Inspector Of Police

2016-08-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12918 of 2016 1 DR. YUVARAJA 2 NAMACHIVAYAM ... PETITIONERS/ACCUSED 1- 2 Vs THE INSPECTOR OF POLICE, E3 ANNA NAGAR POLICE STATION, (CRIME BRANCH), MADURAI. ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.PANDIYAN Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 120(b),294(b),406,420 and 506(ii) of IPC in Crime No.748 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that the the petitioners along with other accused persons on promising to get MD admission to the defacto complainant's daughter received a sum of Rs.60,00,000/- from the defacto complainant. But, the accused persons did not arrange for admission. When the same was demanded by the defacto complainant, the petitioner along with other accused persons threatened him with dire consequences. On complaint, a case has been registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He further submitted that already they have settled a sum of Rs.30,00,000/- and prays for granting anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl. Side) submitted that already this Court referred the matter to Mediation and Conciliation Centre attached to this Court and even after taking several adjournments they did not settle the amount. He further submitted that earlier petition filed by the petitioners was dismissed by this https://hcservices.ecourts.gov.in/hcservices/

Court on 11.07.2016 in Crl.O.P(MD).No.10461 of 2015 and there is no change of circumstances and prayed for dismissal of this petition.

5. Considering the serious nature of allegations against the petitioners that the petitioners on promise of getting MD admission received huge amount from the defacto complainant and failed to get admission, returned only part of the amount and there is no change of circumstances, after the dismissal of the earlier petition in Crl.O.P(MD).No.10461 of 2015, dated 11.07.2016, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, E3 ANNA NAGAR POLICE STATION, (CRIME BRANCH), MADURAI.

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

JA-CK-SAR.I/22.08.2016/2P:3C

ORDER

IN CRL OP(MD) No.12918 of 2016 Date :04/08/2016 https://hcservices.ecourts.gov.in/hcservices/