Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kannan ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

(Crime No. Not known of 2024).

... Respondent/Complainant For Petitioner :

Mr.S.Ramasamy, Advocate For Respondent :

Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.not know of 2024, has filed this petition seeking 1/3

anticipatory bail.

2.The case of the prosecution is that the petitioner cheated the defacto complainant to the tune of Rs.8,00,000/-. Hence, the defacto complainant lodged the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner borrowed a sum of Rs.8,00,000/- from the defacto complainant and he repaid the same. But she wants more interest for the amount borrowed by the petitioner. The dispute is civil in nature. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that one Jeyamani has lodged a complaint under Section 156(3) Cr.P.C., before the learned Judicial Magistrate, Thirupathur and the same was referred to the respondent police by the learned Judicial Magistrate, Thirupathur, for enquiry. The petitioner has not co-operated with the enquiry and the same is pending. Therefore, the respondent police has not registered a case so far and also sought extension of time for filing a report before the concerned Judicial Magistrate. 5.Considering the submission of the learned Government Advocate (Crl.Side) that the police officers are not in a position to find out the criminality on the face of the complaint for the past two months and as on date, no case has been registered, 2/3

this Criminal Original Petition is closed with a direction to the respondent police not to harass the petitioner.

sd/- 16/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE, THIRUPATHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-4461[I] dated 16/04/2024 )

ORDER

IN CRL OP(MD) No.5795 of 2024 Date :16/04/2024 RS/JGB/SAR-(29.04.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3