Ponsiva v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ponsiva

... Petitioner / Sole Accused Vs Through the Inspector of Police, Usilampatti Taluk Police Station, Madurai District. Crime No.125/ 2022.

... Respondent/Complainant For Petitioners : M/s.S.P.Naveen Kumar, Advocate For Respondent : Mr.B.Nambiselvan

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.125 / 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 and 420 of IPC in Crime No.125 of 2022 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on the promise of seeking a job, amount was received from the defacto complainant by the petitioner in cash and also through his friend's account. Since no proper response was given by the petitioner, inspite of repeated request, complaint was given by the defacto complainant. During the pendency of the complaint in CSR No.23 of 2022, this petitioner has given a cheque for the amount. When the cheque was presented for collection, it was dishounoured. Further, it is seen that he has also moved similar application before the District Collector, Madurai. During the pendency of the above said matter, the matter was referred to mediation and there was no settlement. What happened to the application was also not clear. Subsequently, this petition has been filed before this Court stating that the complaint has been given falsely.

¶3The learned Additional Public Prosecutor would submit that the petitioner has involved in a similar case in Crime No.20 of 2022 on the file of the District Crime Branch, Virudhunagar.

¶4Considering the bad antecedent, the petitioner is not entitled for any discretionary relief. Eventhough, the learned counsel for the petitioner, he is ready to settle the issue. Having failed to settle the issue before the Mediation, once again the petitioner is seeking this relief before this Court, which cannot be taken into account. I find no reason to entertain this petition.

¶5Accordingly, this Criminal Original Petition stands dismissed.

sd/-

17/07/2023

/ TRUE COPY /

/ 07/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. pnn TO

1.THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.12478 of 2023 Date :17/07/2023

RK/DD (28/07/2023) 3P /3 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023