M.Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN M.Murugan ... Petitioner / Accused Rank not known Vs The State, rep by The Inspector of Police, District Crime Branch, Tirunelveli District.

(Crime No.Not Known of 2023).

... Respondent / Complainant For Petitioner :

Mr.K.Sudalaiyandi, 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.Not Known of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 406 1/3

of I.P.C, in Crime No.Not Known of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has purchased 209 bags of paddy from the defacto complainant in the year 2018 for a sum of Rs.2,12,000/-. Inspite of repeated request, he refused to give the said amount to the defacto complainant till date. Hence, the complaint.

3 The learned counsel for the petitioner would submit that the petitioner is an innocent. Actually, the petitoner sold the above said paddy to one C.Vijayan. In order to pay said amount, the said Vijayan gave cheque No.287813 for a sum of Rs.2,00,000/- in favour of the defacto complainant, but it was dishonoured. Hence, the defacto complainant filed a complaint under Section 138 of Negotiable Instrument Act. Pending the above said complaint, said Vijayan passed away in the year 2020. After death of Vijayan, the defacto complainant filed this false complaint against this petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that during the course of enquiry, this petitioner gave an undertaking that within three months, he will pay the above said cost of paddy to the defacto complainant. On the basis of the above said undertaken, the complaint was closed on 29.03.2023.

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5. In view of the above said undertaking, the petitioner has to abide by the same. Hence, this Criminal Original Petition stands dismissed as unnecessary. sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Inspector of Police, District Crime Branch, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.14679 of 2023 Date :11/08/2023 ED/VR/SAR- (29/08/2023) 3P / 3 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3