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Madras High CourtCRL OP(MD)/11323/2021dismissed

Arasanrai @ Arasan Roy v. The Inspector Of Police

2021-08-12Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.11323 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11323 of 2021 Arasanrai @ Arasan Roy, ... Petitioner/Sole Accused Vs State Rep. By The Inspector of Police District Crime Branch Police Station Ramanathapuram Ramanathapuram District Crime No.55 of 2020, ... Respondent/Complainant For Petitioner : Mr.Vinoth for M/s.Kaleeswaran B, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.55 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 21.07.2021 for the alleged offence under Section 420 I.P.C, in Crime No.55 of 2020 on the file of the respondent police, seeks bail. 2.Today when the matter is taken up for hearing, Mr.B.Kaleeswaran, learned counsel for the petitioner did not appear. On behalf of him, one Mr.Vinoth, represented and sought time to argue the case.

3.The learned Government Advocate (Crl.side) appearing for the respondent police strongly opposed the grant of bail to the petitioner on the ground that this petitioner has cheated an innocent women and taken away a sum of Rs.5,59,000/- from her account. He further submitted that the victim's son works at abroad and he has paid money to her mother through google account. The petitioner is a neighbour and on knowing that the illiterate mother has sufficient amount in her google account, he has borrowed the phone of the defacto complainant by projecting that his phone is not working and transferred the amount lying in the account of the defacto complainant to his account through google pay. Investigation also revealed that all the amount has been transferred from the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11323 of 2021 account of the defacto complainant to the petitioner's account. During the course of investigation, the petitioner has also admitted the commission of offence and agreed to pay the money to the defacto complainant and also paid a sum of Rs.1,00,000/- and the balance amount has not been paid. Therefore, the respondent police has restrained from arresting this petitioner from the year 2020 and he was arrested only on 21.07.2021.

4.Though there is no representation for the petitioner, considering the facts and circumstances of the case and the nature of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 12/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA 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 District Crime Branch Police Station Ramanathapuram, Ramanathapuram District 2.The Officer Incharge, District Prison, Ramanathapuram. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.11323 of 2021 Date : 12/08/2021 TR/JC/SAR-IV (23.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2