Ayyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ayyasamy ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.
(Crime No.185 of 2023).
... Respondent/Complainant For Petitioner :
Mr.S.Sathya Chidambaram, Advocate.
For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.185 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420, 294(b), 506(i) of I.P.C, in Crime No.185 of 2023 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution :
The defacto complainant lodged a complaint stating that the first accused 1/3
namely Sathiyaraj was known to him and he is doing land broker business. The first accused informed him that a property is coming for sale. Along with the first accused, this petitioner also came to him, talked about purchase of the property and price was also fixed. On 21.06.2023, the defacto complainant has given Rs.10,00,000/- to the first accused as advance payment. Thereafter, on 28.06.2023, the defacto complainant has given a sum of Rs.41,00,000/- to the first accused for registration fees. After receiving the said amount, the first accused did not respond to the defacto complainant. His mobile phone was switched off. When the defacto complainant went to the first accused's house and asked to return the money, he refused and given life threat to him. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent. Since the petitioner is friend of the first accused, he has been falsely implicated in this case. There is no specific overt act attributed against the petitioner.
4. The learned Additional Public Prosecutor for the respondent Police submitted that the total amount involved in this matter is Rs.51,00,000/-. But, only Rs.18,00,000/- and some jewels have been recovered from the first accused. The balance amount is not yet recovered. Hence, he prays to dismiss this petition.
5. Considering the facts and circumstances of this case and also considering that the huge amount is involved in this matter and Rs.33,00,000/- yet to be recovered, 2/3
this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
sd/- 18/08/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13641 of 2023 Date :18/08/2023 RS/VRS/SAR-(12.10.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3