Madras High CourtCRL OP(MD)/16053/2021dismissed

Nihmathullah Sherif v. The Inspector Of Police

2021-12-02Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.16053 of 2021 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16053 of 2021 and CRL MP(MD)No.9919 of 2021 Nihmathullah Sherif, ... Petitioner/Accused No.1 Vs State Rep by, The Inspector of Police, Avaniyapuram Police Station, Madurai City (Crime No. 379 of 2021).

... Respondent/Complainant For Petitioner : Mr.S.M.Anantha Murugan, Advocate. For Respondent : Mr.P.Kottaisamy, Government Advocate (Crl.Side) For Intervenor : Mr.P.R.Prithiviraj,Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No. 379 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent Police, for the alleged offences punishable under sections 406 and 420 IPC in Crime No.379 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The allegation as against the petitioner is that after hiring cars on rental basis from the defacto complainant, who is running a tours and travels agency, the petitioner neither paid the rental amount nor returned the cars to the defacto complainant. 3.The learned counsel appearing for the petitioner submits that this is the second petition filed by the petitioner for anticipatory bail. The earlier petition was dismissed by this Court on 14.09.2021. He further submits that the petitioner is in no way connected with the case as alleged by the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.16053 of 2021 and

4. The learned Government Advocate (Crl. Side) submits that this is the second anticipatory bail petition. Earlier petition filed by the petitioner for anticipatory bail was dismissed considering the submission made by the learned Government Advocate that the investigation is yet to be completed and taking into consideration the conduct of the petitioner in taking the vehicles under the guise of hire purpose and in not returning the vehicles for a long period, and as on date, there is no change in circumstances.

5.Considering the fact that there is no change in circumstances, after the dismissal of earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous petition is closed. sd/- 02/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN 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 AVANIYAPURAM POLICE STATION, MADURAI CITY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.R.PRITHIVIRAJ, Advocate(SR-8781[I] dated 03/12/2021 )

ORDER

IN CRL OP(MD) No.16053 of 2021 and CRL MP(MD)No. 9919 of 2021 Date :02/12/2021 PKP/CN/SAR-3/10.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2