Sathya v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1.Sathya

2.Prabhu ... Petitioners / Accused Rank not known Vs The State rep by The Inspector of Police, Chinthamanipatty Police Station, Karur District. (Crime No.Not Known of 2023.) ... Respondent / Complainant For Petitioner : M/s.J.Sivaram, 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.not known of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners /Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 323, 420 and 506(ii) of IPC in Crime No.not known of 2023, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the first petitioner is the Proprietor and Principal of MGR Nursing Institute and the second petitioner is the husband of the first petitioner. In the institute, the defacto complainant's two children joined in the nursing course after making a payment of Rs.50,000/- each. Since they discontinued the course, the petitioners refused to repay the fee. Hence the complaint.

¶3The learned counsel for the petitioners would submit that they are innocent, they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

¶4The learned Government Advocate (Crl.side) would submit that enquiry is pending in this case.

¶5Since enquiry is pending in this case, let summon be issued to the petitioner. The respondent is directed to complete the enquiry within a period of 15 days from the date of receipt of a copy of this order. The petitioner is directed to appear before the respondent police and co-operate with the enquiry. If any trouble arises during the enquiry, the petitioner may work out his remedy through appropriate proceedings. There is no question of interim protection during the course of enquiry.

¶6With this liberty, this Criminal Original Petition stands dismissed.

sd/-

03/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN To

1.The Inspector of Police, Chinthamanipatty Police Station, Karur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.14206 of 2023 Date :03/08/2023 ED/VR/SAR- (18/08/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023