Dismissed

Shanmugam v. The Inspector of Police

Madras HC16 Sept 2021CRL OP(MD)/10588/2021

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 Cr.P.C alleging offences under Sections 406 and 420 IPC for absconding with jewellers. Court having previously granted interim bail, dismissed the petition due to petitioner's failure to appear and settle the dispute.

What did the court decide?

Petitioner's petition for anticipatory bail dismissed; interim bail order earlier granted revoked implicitly by dismissal.

Shanmugam Vs The Inspector of Police — Cheating and Forgery | Madras HC (2021)

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CRL OP(MD).No.10588 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 16/09/2021

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PRESENT

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The Hon`ble Mr.Justice B.PUGALENDHI

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CRL OP(MD).No.10588 of 2021

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Shanmugam ... Petitioner/Accused(Sole)

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The State Rep.by The Inspector of Police, District Crime Branch, Ramanathapuram District. (Crime No.27 of 2021) ... Respondent/Complainant

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For Petitioner : Mr.S.Balaji, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

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PRAYER :- For Anticipatory bail in Crime No.27 of 2021 on the file of the Respondent police.

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ORDER : The Court made the following order :-

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The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 of IPC, in Crime No.27 of 2021, seeks anticipatory bail.

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The allegation as against the petitioner is that he is running a pawnbroker shop and he received jewels from the defacto complainant and others and thereafter, he closed down the shop and absconding.

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On 25.08.2021 when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner was not absconding and only due to loss in business, he did not open the shop for sometime. The petitioner is prepared to return the jewels as and when the defacto complainant repay the loan amount together with interest.

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

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CRL OP(MD).No.10588 of 2021

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In view of the said submission, this Court by order dated 25.08.2021 granted interim anticipatory bail for a period of two weeks enabling the petitioner to settle the issue. He was also directed to report before the Inspector of Police, District Crime Branch, Ramanathapuram District on 03.09.2021. Though the petitioner availed an order of interim protection, he has not appeared before the respondent police and he has not taken any steps to settle the jewels to the defacto complainant and other victims.

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In view of the above facts, this Court is not inclined to grant anticipatory bail to the petitioner and hence, this Criminal Original Petition is dismissed.

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sd/-

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16/09/2021 / TRUE COPY /

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/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMANATHAPURAM DISTRICT.

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

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ORDER

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CRL OP(MD) No.10588 of 2021 Date :16/09/2021 AM

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MS/VR/SAR-4/22.09.2021/2P.3C

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

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Shanmugam v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Shanmugam v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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