Madras High CourtCRL OP(MD)/11712/2020dismissed as infructuous

Arayee v. The Superintendent Of Police

2020-11-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.11712 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11712 of 2020 Arayee ... Petitioner/6th Accused Vs 1.The Superintendent of Police, Commercial Crime Investigation Wing, O/o. Director General of Police, Chennai.

2.The Inspector of Police, Commercial Crime Investigation Wing, Tiruchirappalli.

Ref:Crime No.2/2020 ... Respondents/Complainants For Petitioner : Mr.D.Shanmugaraja Sethupathi, Advocate.

For Respondents: Mrs.M.Anandha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.2 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as Accused No.6, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 467, 468, 471, 477(A), 408, 409 and 420 of IPC, in Crime No.2 of 2020, seeks anticipatory bail. 2.When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the petitioner has been arrested and remanded to judicial custody on 21.10.2020.

3.Considering the submission made by the learned Government Advocate (Crl. Side), this criminal original petition is dismissed. However, the learned counsel appearing for the petitioner submitted that earlier the petitioner has filed an anticipatory bail petition in Crl.O.P.(MD).No.15570 of 2019 and this Court by order dated https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11712 of 2020 24.10.2019, observed that no complaint has been received against him by the second respondent Police and if the petitioner was implicated in any case and if there is any proposal to arrest the petitioner, the petitioner will be put on notice so that the petitioner will have the breathing time to move this Court for the relief of anticipatory bail. Even then the second respondent did not put on notice on the petitioner and straight away, has registered the present case in Crime No.2 of 2020 and arrested the petitioner and remanded to judicial custody on 21.10.2020. Hence, he sought for permission of this Court to post the matter before the concerned Court.

4.It is seen that earlier when the petitioner moved anticipatory bail petition before this Court and the same was closed observing that no complaint was pending as against the petitioner. If any disobedience of the order of this Court by the second respondent Police, the petitioner can very well file contempt petition, if so advised.

sd/- 04/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 SUPERINTENDENT OF POLICE, COMMERCIAL CRIME INVESTIGATION WING, O/O. DIRECTOR GENERAL OF POLICE, CHENNAI.

2.THE INSPECTOR OF POLICE, COMMERCIAL CRIME INVESTIGATION WING, TIRUCHIRAPPALLI.

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

ORDER

IN CRL OP(MD) No.11712 of 2020 vsg Date :04/11/2020 TK/VR/SAR.4/11.11.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2