T.Anbarasan v. The Inspector Of Police
CRL OP(MD). No.6288 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2021 PRESENT The Hon'ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.6288 of 2021 T.Anbarasan ... Petitioner/ Accused (Rank Not Known) Vs The State rep. by The Inspector of Police, Kallikudi Police Station, Madurai District.
(Crime No.1535 of 2020). ... Respondent/Complainant For Petitioner : Mr.K.S.Durai Pandian, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1535 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehend arrest by the respondent police for the alleged offence under Sections 395 & 420 of IPC, has filed this anticipatory bail petition.
2.The case of the prosecution is that the defacto complainant had approached A1, seeking for loan and he was informed that he has to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) towards the stamp duty for the purpose of obtaining the loan. Believing the same, the defacto complainant went with the money to meet A1, on 30.09.2020. It is the further case of the prosecution that the defacto complainant was forcibly whisked away in a Car which was driven by the petitioner, who has been arrayed as A7 in the present case and a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) is said to have been taken away from the defacto complainant. Thereafter, the defacto complainant is said to have been pushed away from the Car. Initially, an FIR was registered for https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.6288 of 2021 the offence under Section 406 & 420 of IPC and subsequently, it has been altered for the offence under Section 395 and 402 of IPC. 3.The learned Additional Public Prosecutor appearing on behalf of the respondent police submitted that there are totally 13 accused persons in this case and the petitioner has been arrayed as A7 and he is the driver of the Car. The learned Additional Public Prosecutor further submitted that out of the 13 accused persons, only A3, A5 & A6 have been arrested and all the others are absconding. It was further submitted that A3, who has been arrested, was subsequently enlarged on bail and A5 & A6 are in judicial custody. The learned Additional Public Prosecutor vehemently opposed the present anticipatory bail petition on the ground that a serious offence has been committed and the case requires custodial interrogation.
4.Taking into consideration the facts and circumstances of the case and the seriousness of the allegations made against the petitioner and other accused persons, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, this criminal original petition is dismissed.
sd/- 01/06/2021 / TRUE COPY / / /2021 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, KALLIKUDI POLICE STATION, MADURAI DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.6288 of 2021 Date :01/06/2021 TM SRS/VR/SAR-I/04.06.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2