Musthafa v. The Inspector Of Police

CRL OP(MD). No.17989 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17989 of 2022 Musthafa ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, District Crime Branch, Thanjavur.

(Crime No.21/2022).

... Respondent/Complainant For Petitioner : M/s.Mohideen Basha N, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) For Intervenor : Mr.R.L.Dhilipan Pandian, Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.21/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 01.08.2022 for the offences punishable under Sections 120 (b), 406 and 420 IPC, in Crime No.21 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that based on a false promise of A1, the de-facto complainant has invested a sum of Rs.One crore in the transport business, which was conducted by A1 and other accused persons. A1 has executed an agreement and issued four signed cheques and original title deed to the de-facto complainant. Since the de-facto complainant has not received any dividend from the accused persons, he presented all the four cheques in the bank and the same were returned with an endorsement that 'funds insufficient'. Hence, the complaint.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.17989 of 2022 3.When the matter is taken up for hearing today, the learned Government Advocate (Crl. side) for the respondent police would submit that this is the third bail application and there is no change in circumstances in this case.

4.Since there is no change in circumstances of the case, this Court is not inclined to grant bail to the petitioner. 5.Accordingly, this Criminal Original Petition is dismissed. sd/- 07/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THANJAVUR.

2. THE OFFICER-INCHARGE, SUB-JAIL, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.17989 of 2022 Date :07/10/2022 sji/ksa USK/VR/SAR-I/11.10.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2