Amala v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 AMALA 2 SATHEESH ... PETITIONER/ACCUSED NO.1 & 2 Vs THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME NO.47 OF 2023 ... RESPONDENT/COMPLAINANT For Petitioners :

M/S.R.PON KARTHIKEYAN, Advocate For Respondent :

MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.47 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 120(b), 506(i) and 420 IPC in Crime No.47 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the accused persons received a sum of Rs.10,59,000/- from the defacto complainant on the pretext of arranging a loan to clear the debts of the defacto complainant, however, the accused neither arranged the 1/3

loan nor repaid the amount. Hence the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He would further submit that the petitioners have given a sum of Rs.2,00,000/- as loan to the defacto complainant and in order to cheat the petitioners, the defacto complainant has made a false complaint before the respondent Police. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.side) appearing for the respondent Police submits that the accused persons have cheated the defacto complainant to the tune of Rs.10,59,000/- and apart from this case, there is one another case pending against the petitioners.

5.Considering the facts and circumstances of the case and the amount involved in this case, this Court is not inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 05/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN Date :05/01/2024 RS/JGB/SAR-(23.01.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3