Madras High CourtCRL OP(MD)/18282/2019dismissed

V. Duraipandi v. The Inspector Of Police

2020-02-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.18282 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.18282 of 2019 V. Duraipandi ... Petitioner/2nd Accused Vs The Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

(Crime No.676 of 2019).

... Respondent/Complainant Krishnan ... Petitioner/Intervener For Petitioner : M/s. S. Selvakumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.I.Velpratheep PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.676 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, the learned counsel for the intervener and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 406, 420 and 506(1) of I.P.C., in Crime No. 676 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that the accused assured the defacto complainant that a certain machine as per the specification https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.18282 of 2019 of the complainant will be made available on payment of certain amount of money. The complainant had remitted a sum of Rs.30 Lakhs in the account of the petitioner herein. This represents the margin money. There upon the bank sanctioned the balance amount of Rs.90 Lakhs and the same was remitted in the petitioner's bank account. It is not in dispute that a sum of Rs.1,20,00,000/- was received by the petitioner herein. This was in the month of December, 2018. Though more than a year has elapsed, the machine is yet to be supplied. The dishonest intention of the petitioner is so obvious. The petitioner cannot swallow a huge sum of Rs.1,20,00,000/- and not comply with the contractual obligations.

4.Therefore, I am not inclined to grant anticipatory bail to the petitoiner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.18282 of 2019 Date :03/02/2020 PNN MK/SKN/S-1 (10.02.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2