The Madurai Bench of Madras High Court considered a petition for anticipatory bail under S.438 Cr.P.C regarding alleged cheating. Noting that the money remains unrecovered and mediation failed, the court refused to grant bail and dismissed the petition.
The petition for anticipatory bail is 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.
CRL OP(MD). No.10856 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 23/09/2021
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD). No.10856 of 2021 CRL.M.P.(MD).No.7499 of 2021
Arun @ Chinnaraj ... Petitioner/Accused Rank Known Vs The State rep.by The Inspector of Police, Thiruppathur Town Police Station, Thiruppathur, Sivagangai District. Cr.No.not known of 2021. ... Respondent/Complainant
For Petitioner : Mr.P.MAHENDRAN, Advocate For Respondent : Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor(crl.side) For Intervenor : Mr.NA.VADIVEL, Advocate Court Appointed: Mr.M.JOTHI BASU,
Advocate/Mediator
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
For Anticipatory Bail in Crime No.not known of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 of IPC, in Crime No.not known of 2021 on the file of the respondent police, seeks anticipatory bail.
3.The learned counsel for the petitioner submits that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in https://hcservices.ecourts.gov.in/hcservices/
1/2
CRL OP(MD). No.10856 of 2021
this case.
/ TRUE COPY /
/ /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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.
TO
1.THE INSPECTOR OF POLICE, THIRUPPATHUR TOWN POLICE STATION, THIRUPPATHUR, SIVAGANGAI DISTRICT.
2.THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.P.MAHENDRAN, Advocate SR.No.30230 ORDER IN
CRL.M.P.(MD).No.7499 of 2021
TR/SKN/SAR-II/04.10.2021/2P/4C
2/2
2 issues framed by the court
Whether anticipatory bail should be granted where the money involved in the cheating allegation has not been recovered.
Whether a stale mediation report goes against the grant of anticipatory bail.
2 provisions across 2 enactments
Arun @ Chinnaraj
The State rep.by The Inspector of Police, Thiruppathur Town Police Station
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
