Kannan v. The Inspector Of Police

CRL OP(MD). No.18140 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18140 of 2021 Kannan, ... Petitioner/Accused rank not known Vs State Rep. By The Inspector of Police, CCD III, Virudhunagar District (Crime No. 6 of 2021).

... Respondent/Complainant For Petitioner : Mr.M.Maran, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 6 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 offence punishable under Sections 420, 465 IPC r/w 66(D) of Information Technology (Amendment) Act 2008, in Crime No. 06 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that on 01.08.2021, the defacto complainant bought mask and clothes from the salesman, who was selling nearby her house and he informed the defacto complainant that he will give gift to the purchaser, also he got her phone number. The very same day, she received a phone call and informed that she won a hotbox as gift, for that she was demanded to pay a sum of Rs.1,000/-. She also paid the said amount and received the hotbox.

Again she received a phone call and informed that she won a gold coin and a two wheeler as gift, for that she was demanded to pay a sum of Rs.18,000/-. She also paid the said amount on 02.08.2021 in the Union Bank Account No.563302010006916. On 03.08.2021, she was informed that the alleged two wheeler was trapped by the Melur check post and she was demanded Rs.15,600/- to get back the two wheeler. On 03.08.2021, she deposited the said amount in the Union Bank Account No.563302010006916. On 04.08.2021, she received a phone call and informed that the alleged two wheeler was in the custody of the traffic police and demanded a sum of https://hcservices.ecourts.gov.

CRL OP(MD). No.18140 of 2021 Rs.13,400/-, to get back the said two wheeler. Again, on 05.08.2021, she deposted the said amount in one Subbaiah's Union Bank Account number and thereafter she could not able to contact the said person. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. He would further submit that there is no material against the petitioner regarding his involvement in the said crime and that a false case has been foisted against the petitioner. Hence, he seeks for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that the accused persons had involved in illegal activities, that the investigation is not yet completed and that they are having serious objection to release the petitioner on bail.

5.Considering the seriousness and gravity of the offence alleged against the petitioner and also the facts that the main accused A3 was arrested and is in judicial custody and that the investigation is not yet completed, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 19/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) 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, CCD III, VIRUDHUNAGAR DISTRICT 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.18140 of 2021 Date :19/11/2021 SB/PN/SAR-IV/26.11.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/