Ravi Kumar v. The Inspector of Police

CRL OP(MD). No.9415 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.9415 of 2023

¶1Ravi Kumar

¶2Deepa ... Petitioners / Accused No.1 & 2 Vs

1.The Inspector of Police, District Crime Branch, Dindigul, Dindigul District. (Crime No.17 of 2023.) ... Respondent/Complainant

2.Kalpana ... Intervenor / Defacto Complainant in CRL MP(MD) No.7865 of 2023 For Petitioners : M/s.Malaiyendran V, Advocate. For Intervenor : M/s.K.P.Narayanakumar, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.17 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A 1 and A2, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 406,420,468 and 471 of IPC in Crime No.17 of 2022 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were running a cotton business in the name and style of Krishna Cotton Mills and during such time, the petitioners have approached the father of the defacto complainant and asked him to invest some amount in their business. Believing the same the defacto complainant CRL OP(MD). No.9415 of 2023 had invested some amount but the petitioners herein neither gave them share in the profit nor returned the amount. Further the petitioners herein obtained the signatures of the defacto complainant and also availed so many loans and they never paid any profit or principal amount to the defacto complainant and thereby cheated her. Hence, the complaint.

¶3Heard both side and perused the materials available on record including the First Information Report.

¶4It is seen that there are totally two accused in this case and the petitioners herein are arrayed as A1 and A2. According to the defacto complainant she has invested Rs.60 lakhs and she was also added as partner in Krishna Cotton Mills, in which the first accused in the Managing partner. Therefore he has obtained the signature of the defacto complainant and availed loan to several crores from the private banks, thereafter they committed default. Further First Information Report was registered only on 12.05.2023 and the investigation is still pending, therefore custodial interrogation of the petitioner is very much required in this case, hence this court is not inclined to grant anticipatory bail to the petitioner.

¶5In view of the same, the petition stands dismissed. sd/- 07/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV To

1.The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.K.P.NARAYANA KUMAR, Advocate, SR-8277(I), dated

08.06.2023. ORDER IN CRL OP(MD) No.9415 of 2023 Date :07/06/2023 ED/SSS/SAR- (09/06/2023) 2P 4C