Madras High CourtCRL OP(MD)/15286/2023dismissed

Selvaraju v. The Inspector Of Police

2024-01-08Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 SELVARAJU 2 KALA ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE MUSURI POLICE STATION, TRICHY DISTRICT.

(*)(CRIME NO.468/2023) ... RESPONDENT/COMPLAINANT MAHENDRAN ... PETITIONER/INTERVENER IN CRL MP(MD).13901/2023 IN CRL OP(MD).15286/2023 For Petitioner :

M/S.A.SENTHILKUMAR, Advocate For Respondent :

MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN (*)CRIME NO.468 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

(*)(AMENDED AS PER ORDER OF THE COURT DATED 08.01.2024 IN CRL MP(MD).182/2024 IN CRL OP(MD).15286/2023) 1/3

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 420, 294(b), 506(i) IPC, in Crime No.468 of 2023, seek anticipatory bail.

2.The case of the prosecution is that the the petitioners conducted a chit and received huge money from the various persons and thereafter cheated them by not repaying the same. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Further, the petitioners are the husband and wife and they have no role in the said transaction. Further, the first petitioner fell in sick in the month of August 2021 got affected with stroke. Some of the accused persons received the chit amount. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that the total amount involved in this matter is Rs.12,50,000/- and the investigation is pending. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioners and other accused persons received huge amount from 20 2/3

victims and the same was not repaid, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 08/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE, MUSURI POLICE STATION, TRICHY DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN Date :08/01/2024 RS/JGB/SAR-(01.02.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3