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Madras High CourtCRL OP(MD)/17687/2021dismissed

Madhavan v. The Inspector Of Police

2021-11-15Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17687 of 2021 Madhavan ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

(Crime No.504 of 2021).

... Respondent/Complainant For Petitioner : M/s.H.Mohammed Imran, Advocate. for M/s.Ajmal Associates, For Respondent : M/s.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.504 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 420, 506(i) I.P.C in Crime No.504 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant invested a sum of Rs.7,00,000/- in the accused persons' company named "Aalayam". When the defacto complainant questioned the accused persons for non-payment of interest, they abused and threatened him with dire consequences. Hence, the complaint. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner would submit that the petitioner has been serving as the Director of the alleged company named "Aalayam" and he forwarded the complaint given by the defacto complainant for taking appropriate action. The petitioner is only an employee in the said company and not committed any offence as alleged by the prosecution. Hence, prays for anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that though the defacto complainant has lodged complaint with respect to his deposit ie., Rs.7,00,000/-, there are many more creditors and on initial investigation it comes to know that the amount involved is nearly Rs.45Crores. The investigation is not yet completed. Therefore, he raised his strong objection to enlarge the petitioner on anticipatory bail. 5.

Considering the fact that petitioner is the Director of the said company and also the fact that the initial investigation reveals that amount involved is nearly Rs.45Crores and that investigation is pending as stated by the learned Additional Public Prosecutor, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 15/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 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, Devakottai Town Police Station, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.AJMAL ASSOCIATES Advocate SR.No.34606

ORDER

IN CRL OP(MD) No.17687 of 2021 Date :15/11/2021 SP/CN/SAR III/22/11/2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/