On a petition for anticipatory bail under Section 438 Cr.P.C., the court considered allegations of fraud and coercion regarding a property purchase. Finding the petitioner accused of overt tactics and refusing to grant bail, the court dismissed the criminal original petition.
The Criminal Original Petition for anticipatory bail was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twenty Ninth day of June Two Thousand Fifteen
PRESENT
The Hon`ble Mr Justice K.KALYANASUNDARAM
CRL OP(MD) No.10186 of 2015
G. PACKIANATHAN ... PETITIONER/ ACCUSED
Vs
THE STATE REP.BY THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI CITY, CRIME NO.185/2015 ... RESPONDENT / COMPLAINANT
For Petitioner : M/S.KA.RAMAKRISHNAN Advocate
For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,420 and 506(i) of IPC in Crime No.185 of 2015 on the file of the respondent police, seeks anticipatory bail.
4.The learned Government Advocate (Crl.side) vehemently opposed to grant of anticipatory bail stating that the petitioner had played fraud in the transaction and he threatened the de facto complainant while obtained the signature in the sale deed without paying the entire sale consideration of Rs.4,29,00,000/-.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.)
TO
2 THE INSPECTOR OF POLICE
TS/02.07.2015/2P -3C
ORDER
IN
CRL OP(MD) No.10186 of 2015
Date :29/06/2015
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges for alleged fraud and coercion in a property transaction under Sections 147, 420, and 506 IPC?
Whether the apprehension of arrest by the petitioner warrants the exercise of discretion in favor of granting anticipatory bail under Section 438 Cr.P.C.?
1 provisions across 1 enactments
G. PACKIANATHAN
THE STATE
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
