Vijay v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Vijay, ... Petitioner/Sole Accused Vs The Inspector of Police, DCB Police Station, Trichy District.
(Crime No.38/2024)..
... Respondent/Complainant D.Kavitha ...Intervener/Defacto Complainant In CRL MP(MD)No. 6528 of 2024 For Petitioner : M/s.Veeralakshmi.M,Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : MR.T.VEERAKUMAR, Advocate In CRL MP(MD)No. 6528 of 2024 PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.38/2024 on the file of the Respondent Police. 1/4
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 420 and 406 IPC in Crime No.38 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner herein had received a sum of Rupees One Crore and Fourty Lakhs from the defacto complainant on promising to get the upgradation of the school run by him in the name of Mahatma Public School at Perambalur and subsequently, he cheated him. Hence, a case has been registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is innocent and his name has been falsely implicated in this case.
4. The learned counsel for the intervenor submitted that the defacto complainant's school was already upgraded and hence, once again the upgradation is not necessary. He would further submit that during the time of enquiry, the petitioner herein confessed that he will repay the amount to the defacto complainant as soon as possible, but, he failed to comply the same and hence, he prays for 2/4
dismissal of this petition.
5. The learned Additional Pubilc Prosecutor appearing for the respondent police would submit that the amount involved in this occurrence is very huge and the investigation of the case is pending and the custodial interrogation of the petitioner is necessary and he strongly opposed to grant anticipatory bail to the petitioner.
6. Considering the serious nature of allegations made against the petitioner and also the submission made by the learned Additional Pubilc Prosecutor appearing for the respondent that the custodial interrogation of the petitioner is necessary, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. sd/- 03/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO THE INSPECTOR OF POLICE DCB POLICE STATION, TRICHY DISTRICT.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8992 of 2024 Date :03/07/2024 PKP/VR/SAR /19.07.2024/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4