S.P.RAJENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition has been filed to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.2/2021 pending investigation on the of file of the respondent police.

(2.) The case of the prosecution is that the petitioner is a practising advocate, who is arrayed as second accused and one Dr.V.Ramachandran, who is the client of the petitioner herein is arrayed as first accused. The above said Ramachandran is the owner of the property bearing Door No.932 A, Sathy Road, Coimbatore " 641 012 and he is running a hospital under the name and style of "Lakshmi Narayana Clinic'' with its trade mark as ''Ellen Hospital''. While being so, Dr.Umashankar, approached him during the year 2017 and requested to take over his hospital and run the hospital under the name and style of M/s. Chennai Hospital Private Limited. Thereafter, the first accused has entered into lease agreement with the said Dr.Umashankar on 5/7/2017 registered vide document No.3673 of 2017, for a period of ten years and rent per year is fixed as Rs.3,30,00,000.00 with periodical increase.

(3.) Accordingly the said Dr. Umashankar had paid a sum of Rs.1,00,00,000.00 as a security deposit. Thereafter, he paid a sum of Rs.6,75,000.00 on four occasions totalling to the tune of Rs.27,00,000.00 towards rent and he was irregular in payment of monthly rents. Therefore, the first accused called upon him to pay arrears of rent and requested to vacate the premises. Further, there was no response as such he lodged a complaint. Thereafter, he issued cheque to the first accused for a sum of Rs.65,85,300.00 and the same was returned as ''payment stopped by the drawer''. Further, he committed to sell the hospital in favour of third party as such the above said Ramachandran lodged a complaint before CCB, Coimbatore and an FIR is also registered under Ss. 406, 420, 341, 506(1) and 109 of IPC in crime No.36 of 2020. After registration of the above said FIR, both the parties entered into a compromise and the first accused issued four cheques for a sum of Rs.66,68,000.00 and those cheques were honoured on presentation. Further, he gave two cheques for a sum of Rs.17,82,000.00, all the above cheques were returned dishonoured for the reason ''Funds Insufficient''.