In a criminal original petition under Section 482 CrPC for anticipatory bail in a cheating case involving Rs. 57 lakh, the Madras High Court refused bail noting that other accused were arrested and no recovery was made, leaving the investigation at a preliminary stage.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.18196 of 2020
Anbu Rani
... Petitioner
Vs.
State rep by Inspector of Police, District Crime Branch Police Station, (D.C.B.) Vellore. Cr.No. 16/2020 ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police crime No. 16/2020 on the file of the respondent police.
For Petitioners : Mr.B.Rajaguru
For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor ORDER (The case has been heard through video conference)
The case of the prosecution is that as per the defacto complainant Srinivasan, the petitioner along with other accused persons joined together and ensured for the medical seat in CMC Hospital, Vellore and obtained an amount of Rs.57,00,000/(Rupees Fifty Seven Lakhs Only) and cheated the defacto complainant.
-sd/-
19/11/2020
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 INSPECTOR OF POLICE,
DISTRICT CRIME BRANCH POLICE STATION, (D.C.B.),
VELLORE
2 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
CC to M/S. B.RAJAGURU Advocate on payment of necessary
charges
CRL OP.18196/2020
Date :19/11/2020
MK:30/11/2020
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a chargesheet stage cheating case where other accused were arrested and no recovery was obtained.
How to handle a bail petition when the investigation is at the initial stage and no material is available for recovery.
1 provisions across 1 enactments
Anbu Rani
State rep by Inspector of Police, District Crime Branch Police Station, (D.C.B.) Vellore
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
