Thiyagu @ Thiyagarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Thiyagu @ Thiyagarajan ... Petitioner/Accused No.2 Vs.

The Inspector of Police, Melur Police Station, Madurai District, Crime No.468 of 2023 ... Respondent/Complainant For Petitioner : Mr.G.Bhagavathsingh Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 468 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 379 of IPC, in Crime No.468 of 1/3

2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that a JCB owned by the defacto complainant was taken by one Kishore Kumar @ Mukilan for quarry operation on monthly rent basis. They also entered into an agreement to that effect. But, thereafter, the said Kishore Kumar @ Mukilan failed to pay the rent. After repeated demands, he issued a cheque with some corrections. In spite of repeated contact, the defacto complainant could not get any information from the accused about his JCB. Later, he came to know that the above said vehicle was sold to some other person by the accused. Hence, the present case has been registered. He would further submit that this is the second anticipatory bail petition. Earlier petition filed by the petitioner in Crl.OP (MD)No.14563 of 2023 was dismissed by this Court, on 18.08.2023. He would further submit that the petitioner herein is a broker between the parties. He has no knowledge about the illegal sale of vehicle by A3 to A4. Hence, he prays for grant of anticipatory bail to the petitioner.

3.The learned Additional Public Prosecutor would submit that there is no change of circumstance. The vehicle is not yet recovered. Hence, he prays for dismissal of this petition.

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4. Earlier petition filed by the petitioner was dismissed by this Court, with a direction to the petitioner to co-operate with the Investigating Officer to complete the process of enquiry and recovery of vehicle. But, the vehicle is not yet recovered. Hence, there is no change of circumstance.

5.Accordingly, this Criminal Original Petition stands dismissed. sd/- 19/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( CS-I/ II/ III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

dss To 1.The Inspector of Police, Melur Police Station, Madurai District,

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.22879 of 2023 Date :19/12/2023 RK/DD (19/01/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3