Madras High CourtCRL OP(MD)/9042/2023dismissed

A.Sivakumar v. The Inspector Of Police

2023-05-18Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.9042 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9042 of 2023 A.Sivakumar ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, EOW Police station, Sivagangai District.

(Crime No.8 of 2022).

... Respondent/Complainant For Petitioner : Mr.R.UDHAYAKUMAR, Advocate For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.8 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 406, 420, 120(b) of I.P.C., and Section 5 of TNPID Act, 1997 in Crime No.8 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused were running a company in the name and style of "Magizhchi Real Promotors", the accused persons induced the defacto complainant by making false promise and collected several crores of rupees from various persons. The same has not been repaid. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and a false case has been foisted against him. He would further submit that due to money transaction between the defacto complainant and the first accused, the petitioner has falsely implicated in this case, the first accused is none other than the father of the petitioner.

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CRL OP(MD). No.9042 of 2023

4. The learned Government Advocate (Criminal Side) appearing on behalf of the respondent police would submit that the petitioner along with the other accused running a company in the name and style of "Magizhchi Real Promotors" and collected several crores of amount from several persons and they have failed to return the same. Hence, he strongly objected to release the petitioner on bail.

5. Heard. Perused the materials available on record including the First Information Report.

6. Considering the facts and circumstances of this case and also considering the amount involved in this case, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition Stands dismissed.

sd/- 18/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN TO 1 THE INSPECTOR OF POLICE, EOW POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9042 of 2023 Date :18/05/2023 SA/MMS/SAR. /30.05.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2