M.Balamurali v. The Inspector Of Police

Crl.OP.No.12519 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)Nos.12519 and 12521 of 2021 1.M.Balamurali 2.B.Hemalatha ... Petitioners/Accused Nos.2 and 3 in Crl.OP.No.12519 of 2021 N.S.Ayyappan Selvakumari ... Petitioners/Accused Nos.1 and 4 in Crl.OP.No.12521 of 2021 Vs The State rep.by The Inspector of Police,, Central Crime Branch Madurai City Crime No.1 of 2016 ... Respondent/Complainant in both the petitions In both the petitions:

For Petitioners : Mr.R.PON KARTHIKEYAN, Advocate For Respondent : Mr.T.SENTHILKUMAR, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2016 on the file of the respondent police.

COMMON ORDER : The Court made the following order :- The petitioners apprehending arrest for the offence under Sections 406, 420, 294(b), 120(b) and 506(i) I.P.C, in Crime No.1 of 2016 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners borrowed a sum of Rs.50,00,000/- from the defacto complainant for the purpose of business development and failed to repay the same. Hence, the complaint.

3.The learned counsel for the petitioners would submit that considering the nature of allegation, this Court by order dated 06.02.2019, in Crl.OP(MD).No.21707 of 2018 has granted anticipatory bail to the petitioners on condition to deposit a sum of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP.No.12519 of 2021 Rs.20,00,000/- in favour of the the defacto complainant. Since the petitioners have not complied with the conditions, due to Covid-19 situation, the interim anticipatory bail was dismissed, automatically. Therefore, the learned counsel prayed for grant of anticipatory bail to the petitioners.

4.This Court has already granted anticipatory bail to the petitioners in the year 2019 with certain conditions. Though the petitioners have not furnished the sureties in time, they are enjoying the anticipatory bail for a period of two years and now only, they have come forward with the present anticipatory bail applications.

5.Considering the nature of offence committed by the petitioners and also the conduct of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, these Criminal Original Petitions are dismissed. sd/- 08/09/2021 / TRUE COPY / / /2021 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 INSPECTOR OF POLICE,, CENTRAL CRIME BRANCH MADURAI CITY 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.R.PON KARTHIKEYAN, Advocate SR.No.6140(CRL OP(MD) No.12519/2021) +1. CC to Mr.R.PON KARTHIKEYAN, Advocate SR.No.6141(CRL OP(MD) No.12521/2021)

ORDER

IN CRL OP(MD)Nos.12519 and 12521 of 2021 Date :08/09/2021 SA/PN/SAR.1/29.09.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2