Dismissed

V.G.Dhanasekar v. State Rep.by

Madras HC7 Sept 2020CRL OP/13480/2020

Case brief

AI extract

What is this about?

Crl.O.P.No.13480 of 2020 for anticipatory bail was dismissed. The court held that since the petitioners' earlier anticipatory bail application had been cancelled by this Court, the proper remedy was to challenge that order, rendering the current petition not maintainable.

What did the court decide?

The Criminal Original Petition No.13480 of 2020 is dismissed with the direction to challenge the earlier cancellation order.

V.G.Dhanasekar Vs State Rep.by — Anticipatory Bail | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.09.2020

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CORAM

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THE HONOURABLE MR. JUSTIC E A. D. JAGADISH CHANDIRA

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Crl.O.P.No.13480 of 2020

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1.V.G.Dhanasekar

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2.Sekar ... Petitioners

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Vs.

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State Represented by, The Inspector of Police, Ranipet Police Station, Vellore District. Crime No.380 of 2012. ...Respondent

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Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Connection with the Crime No.380 of 2020 pending on the file of the respondent police.

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For Petitioners : Mr.R.Sasikumar For Respondent : Mr. M.Mohamed Riyaz, Additional Public Prosecutor ORDER (This case has been heard through video conference)

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The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 506(i) of IPC in Crime No.380 of 2012, on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution as per the defacto complainant Thiagarajan is that the petitioner along with two other accused purchased 15.58 acres situated in Vanganur Village, Pallipattu Taluk, Thiruvallur District and the defacto complainant had also given power document to the 1 st petitioner on 04.12.2008. After receiving the power of Attorney, the 1 st petitioner promoted the land and sold 13 house plots to some other persons. After the sale, the 1 st petitioner refused to hand over a sum of Rs.7,00,000/- to the defacto complainant. Hence, the defacto complainant cancelled the Power of Attorney and sent notice to the 1 st petitioner. After receiving the notice and cancellation of power, the 1 st petitioner had sold 20 plots under the said Power of Attorney.

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The learned counsel for the petitioner would submit that the petitioners are innocent and they have been falsely implicated in this case and submitted that the case is of Civil in nature and given https://hcservices.ecourts.gov.in/hcservices/ Criminal colour. He would submit that the petitioners have granted

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anticipatory bail by this Court and subsequently, it has been cancelled by this Court on 13.03.2020 and thereafter, the respondent has not arrested the petitioners.

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The learned Additional Public Prosecutor would vehemently contended that, the petitioners were originally granted anticipatory bail in Crl.O.P.No.10905 of 2013, dated 26.04.2013, and thereafter, they did not comply the conditions imposed by this Court and hence, this Court cancelled the bail granted to the petitioners in Crl.O.P.No.28093 of 2019, by an order dated 13.03.2020.

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In view of the above the remedy available to the petitioners is to challenge the cancellation of bail order passed by this Court in Crl.O.P.No.28093 of 2019 dated 13.03.2020 and the petitioners' anticipatory bail before this Court, is not maintainable.

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Accordingly, this Criminal Original Petition is dismissed. -sd/07/09/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE, RANIPET 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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3 THE INSPECTOR OF POLICE, RANIPET POLICE STATION, VELLORE DISTRICT. CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges

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CRL OP.13480/2020 Date :07/09/2020 RVR 24/09/2020

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https://hcservices.ecourts.gov.in/hcservices/

V.G.Dhanasekar v. State Rep.by

Case brief

What is this about?

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V.G.Dhanasekar v. State Rep.by

Case brief

What is this about?

What did the court decide?

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