Madras High CourtCRL OP(MD)/16071/2023disposed of

Afrinkhan v. The Inspector Of Police

2023-09-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16071 of 2023 1.Afrinkhan 2.Ashik Samsudeen Ansari ... Petitioners/Accused Rank Not Known Vs The State represented by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

In Crime No.Not Known of 2023. ... Respondent/Complainant For Petitioner : Mr.R.Karunanidhi, 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 294(b), 420, 506(i) 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 defacto complainant and one Sathish are well known to each other by their business and to buy clothes for his business, the defacto complainant deposited Rs.20,00,000/- in to the petitioners' Bank account as per the instruction of Sathish. Thereafter, Sathish mobile number went switched off following which on 16.08.2023, at about 8.00 p.m., the defacto complainant went to the petitioners' business place and demanded money. But the petitoners refused to return the money and gave life threat to him. Hence, the complaint.

3. The learned counsel for the petitioners would submit that Dinesh had deposited the above said money, in which, Rs.10,00,000/- was transferred to another account. Subsequently, the remaining Rs.10,00,000/- handed over to his agent by cash as per the instruction of Sathish. The petitioners are no way connected with the alleged occurrence.

4. The learned Additional Public Prosecutor would submit that only the petition enquiry is pending. On the basis of the complaint given by one Dinesh, enquiry in CSR No.689 of 2023 is undertaken.

5. The learned counsel for the petitioner would submit that they also appeared before the respondent Police and informed him that the entire amount that was transferred to concerned person's account as per the instruction of one Sathish.

6. Considering the submission made by the both side counsels, let the enquiry

be completed within fifteen days from the date of receipt of copy of this order. If any trouble arises during the course of enquiry, the petitioners can workout their remedy through appropriate proceedings.

7. With the above said directions, this Criminal Original Petition stands disposed of.

sd/- 07/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-13284[I] dated 07/09/2023 )

ORDER

IN CRL OP(MD) No.16071 of 2023 Date :07/09/2023 SS/VR/13/09/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023