Mahendraraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Mahendraraja ... Petitioner/Accused No.1 Vs The Inspector of Police, City Crime Branch, Trichy City, Crime No. 14 of 2023.

... Respondent/Complainant For Petitioner : M/s. Rajaraman.R, Advocate.

For Respondent : Mr.Rms.Sethuraman, Additional Public Prosecutor For Intervenor : Mrs.S.Prabha, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 14 of 2023 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner / accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 406, 420 and 506(i) IPC in Crime No.14 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that believing the words of the petitioner herein and other accused persons, the defacto complainant mortgaged the properties belonging to her in the name of the 1st accused for a sum of Rs.38,00,000/- and subsequently, the first accused has taken a sum of Rs.24,61,400/- without the knowledge of the defacto complainant and he has sent only a sum of Rs.9,60,000/- to her and he has also failed to repay the amount to the bank. Hence, the complaint.

3. The leaned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and hence, he seeks anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the petitioner herein has mortgaged the property belonging to the defacto complainant and subsequently, he failed to repay the same neither to the defacto complainant nor to the Bank and hence, he strongly, opposed to grant anticipatory bail to the petitioner. 2/3

5. The learned counsel for the intervenor submitted that the petitioner herein has mortgaged the property belonging to the defacto complainant and subsequently, he has failed to repay the same and hence, he seeks dismissal of this petition.

6. Considering the serious nature of offence committed by the petitioner and also submission made by the learned Additional Public Prosecutor and the learned counsel appearing for the intervenor, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 23/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE CITY CRIME BRANCH, TRICHY CITY 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.21069 of 2023 Date :23/11/2023 SS/SKN/SAR- /11/12/2023/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3