In a criminal petition for anticipatory bail, the petitioners apprehended arrest for offences of cheating. The court observed lack of evidence regarding repayment of the alleged cheated amount and dismissed the petition due to the gravity of the offence and pending investigation. No relief was granted.
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.15386 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.12.2023
PRESENT
The Hon`ble MR JUSTICE V.SIVAGNANAM
CRL OP(MD)No.15386 of 2023
1.K.Velarasan
2.Vetrivel @ Vetriselvan ... Petitioners/Accused 1, 2
Vs
The Inspector of Police, Edamalaipattiputhur Police Station (Crime), Edamalaipattiputhur, Trichy District. (In Crime No.720 of 2023) ... Respondent/Complainant
For Petitioners : Mr.R.SAKTHIVEL, Advocate
For Respondent : Mr.R.SURESH KUMAR,
Government Advocate(Crl.side)
For Intervenor : Mr.KARTHICK, Advocate
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :- For Anticipatory Bail in Crime No.720 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioners, who apprehend arrest at the hands of the respondent police for
1/3
CRL OP(MD)No.15386 of 2023
the offences punishable under Sections 406, 420 IPC in Crime No.720 of 2023, seek anticipatory bail.
2.The case of the prosecution is that the petitioners cheated the defacto
complainant in the guise of obtaining job in abroad and when he questioned about the same, they threatened him with dire consequnces. Hence the case.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners have returned a sum of Rs.5,00,000/-. Hence, he seeks anticipatory bail.
4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the investigation in this case is not yet completed.
5.On perusal of records, it is noticed that there is no evidence for repayment of the amount. Hence, considering the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed.
sd/12/12/2023
/ TRUE COPY /
/01/2024 Sub-Assistant Registrar ( C.S. I / II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
CRL OP(MD)No.15386 of 2023
GNS TO
1 THE INSPECTOR OF POLICE, EDAMALAIPATTIPUTHUR POLICE STATION (CRIME), EDAMALAIPATTIPUTHUR, TRICHY DISTRICT.
ORDER IN CRL OP(MD) No.15386 of 2023 Date :12/12/2023
SA/VR/SAR. /03.01.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
3/3
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted in a cheating case where the investigation is pending and there is no evidence of repayment.
1 provisions across 1 enactments
K.Velarasan
Vetrivel @ Vetriselvan
The Inspector of Police, Edamalaipattiputhur Police Station (Crime), Edamalaipattiputhur, Trichy District
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
