G.Gunaseelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18824 of 2021

1. Dr.G.Gunaseelan

2. K.Manikandan ... Petitioners/Accused No.2 & 3 Vs State rep.by The Inspector of Police, Ayakudi Police Station, Palani Taluk, Dindigul District.

(Crime No.430 of 2021).

... Respondent/Complainant For Petitioner : M/s.Gangai Amaran C,Advocate. 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.430 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/accused Nos.2 and 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 294(b), 506(i) I.P.C., in Cr.No.430 of 2021, seek anticipatory bail.

2. The case of the prosecution is that the School Management including the petitioners had retained the 10th Mark Sheets of old students and even after request, they have not chosen to return the same, even after two years. Hence, the present complaint. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Counsel for the petitioners would submit that the petitioners are innocents and a false case has been foisted against them and hence, he seeks anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the State would submit that the respondent police have received complaints from 33 students and that their certificates were in the custody of the school management. He would further submit that the co-accused are absconding and the investigation is pending.

5. Heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State and perused the materials placed on record.

6. Considering the above facts and circumstances and also the facts that the investigation is pending and that the other accused are absconding, this Court is not inclined to grant anticipatory bail to the petitioners at this point of time.

7. In the result, this Criminal Original Petition is dismissed. Sd/- 30/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

SSL 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, AYAKUDI POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.18824 of 2021 Date :30/11/2021 https://hcservices.ecourts.gov.in/hcservices/ SP/JC/SAR III/07/12/2021/2P/3C