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Madras High CourtCRL OP(MD)/9528/2023dismissed

Kunudpandi v. The Inspector Of Police

2023-06-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.9528 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.9528 of 2023 Kundupandi, ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, District Crime Branch Madurai District.

Cr.No.8 of 2023.

... Respondent/Complainant For Petitioner : A.Banumathy, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.8 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused 3, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 195 (A),214,120(B) of IPC in Crime No.8 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that A1 was the then Inspector of Police, Nagamalaipudukkottai police station. Based on the complaint given by one K.Arshath, a criminal case was filed for extortion of money, in Crime No.18 of 2021 for the offence under Sections, 384, 420, 409 and 506(ii) of I.P.C. A1 was arrested in the case and she was released on bail by this Court in Crl.O.P.(MD) No.14255 of 2021. During the pendency of the case, the petitioner and other accused approached this Court in Crl.O.P.(MD)No.14120 of https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9528 of 2023 2020, to quash the charge sheet. Later, on 22.07.2023, a compromise memo was entered between the parties along with the defacto complainant. The defacto complainant filed a statement that the petitioner had not involved in the above transactions and hence, the quash petition was withdrawn on 04.08.2022. On knowing this fact, the prosecution has filed this petition to cancel the bail order, stating that the petitioner has influenced the defacto complainant and tried to quash the criminal case. In the meanwhile the accused herein in talked with the defacto complainant in crime no.18 of 2021 for withdrawing the said case, hence the present case came to be registered.

3. Heard both side and perused the materials available on record including the First Information Report.

4. There are totally five accused in this case and the petitioner herein is arrayed as A3. The petitioner along with other accused conspired together and threatened the witnesses not to disclose anything while recording statement under section 164 of Cr.P.C. Though the first accused was arrested and released on bail, custodial interrogation of the petitioner is very much required in this case, hence this court is not inclined to grant anticipatory bail to the petitioner.

5. In the result, the petition stands dismissed. sd/- 01/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE INSPECTOR OF POLICE DCB, DISTRICT CRIME BRANCH MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9528 of 2023 Date :01/06/2023 PKP/BUC/SAR- /02.06.2023/ 2P/3C https://www.mhc.tn.gov.in/judis 2/2