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Madras High CourtCRL OP(MD)/6671/2021closed

Sasikala v. Dakshinamurthy

2021-09-17Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sasikala, ... Petitioner/Defacto Complainant Vs

1. Dakshinamurthy, ... 1st Respondent/Petitioner/Accused No.2

2. State rep by The Inspector of Police, District Crime Branch, Trichy District.

Cr.No. 3 of 2021..

... 2nd Respondent/Complainant For Petitioner : M/s.Balamahendran G, Advocate. For R1 : Mr.Ramsundar Vijay Raj, Advocate For R2 : Mr.T.SenthilKumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To cancel the Anticipatory Bail granted to the 1st Respondent/Accused No.2 in Cr.MP.No.1540 of 2021 in Cr.No.3 of 2021 dt.26.4.2021 on the file of the learned Principal District and Sessions Court,Tiruchirappalli.

ORDER : The Court made the following order :- This petition has been filed to cancel the anticipatory bail granted to the 1st Respondent/Accused No.2 in Cr.M.P.No.1540 of 2021 in Cr.No.3 of 2021 dated 26.4.2021 on the file of the learned Principal District and Sessions Court,Tiruchirappalli.

2. The learned counsel for the petitioner submits that the 1st respondent came along with one Jayakumar and received an amount of 1/3

Rs.23,50,000/- from the petitioner herein. But, he did not return the money. Hence, the petitioner's father gave a complaint to the second respondent Police, but there was no action. Thereafter, the petitioner lodged a complaint before the second respondent Police. However, the second respondent did not take any action. Having left with no other option, he made a complaint before the Superintendent of Police and then only, the second respondent Police registered a case in Crime No.3 of 2021 punishable under Sections 417 and 420 of IPC on 05.03.2021. Thereafter, the first respondent has filed a petition seeking anticipatory bail before the learned Principal District and Sessions Judge. On 26.04.2021, the learned Principal District and Sessions Judge has granted anticipatory bail to the first respondent with certain conditions, but he did not comply the conditions as ordered by the trial Court. He further submits that the respondent Police has not conducted the investigation in a proper manner.

3. The learned Additional Public Prosecutor would submit that the investigation is still pending.

4. So far as the cancellation of anticipatory bail granted to the first respondent is concerned, this Court is not satisfied with the grounds raised by the petitioner in this petition. However, this Court, trusting upon the respondent Police, directs them to conduct the investigation in a proper manner.

5. Accordingly, this Criminal Original Petition is closed. sd/- 17/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb 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.

2/3

TO

1. The Principal and Sessions Judge, Trichy.

2. The Inspector of Police, District Crime Branch, Trichy District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-6377[I] dated 20/09/2021 ) ORDER IN CRL OP(MD) No.6671 of 2021 Date : 17/09/2021 TR/SKN/SAR-I(24.09.2021) 3P 5C 3/3