Devaraj v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025
CORAM
THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN S.Devaraj ... Petitioner Vs.
State, Represented by The Deputy Superintendent of Police Economic Offences Wing Chennai (Crime No.15 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No.15 of 2024, on the file of the respondent Police.
For Petitioner :
Mr.P.Dasarathan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 03.09.2024, seeking bail in Crime No.15 of 2024 registered for the offence under Section 406, 409, 420 of IPC and Section 5 of TNPID Act, 1997.
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2.The case of the prosecution is that the accused informed the de facto complainant that many houses were available for rent and lease from the house owners, who were in search of house for rent/lease, believing their words, the de facto complainant entered into a lease agreement with the A1 company for a sum of Rs.10,00,000/- and the said amount was deposited from the complainant's bank to A2's company account but they did not repay the lease amount to the tenant. The accused persons took house for rent from house owners and sublet them on lease to the lessees and they had defaulted a sum of Rs.6,35,05,475/- crores. During investigation, it is found that there are totally four accused in this matter and the petitioner is ranked as A4 and he is the Manager of the A1 company and so far, there are 176 victims.
3.Learned counsel appearing for the petitioner submitted that the petitioner/A4 is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the 2/4
prosecution case. The learned Government Advocate further submitted that one property worth about Rs.1,00,00,000/- has been identified from the accused persons and the accused persons have totally cheated a sum of Rs.8,34,34,795/- from 176 house owners and lessees.
5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, including the counter affidavit filed by the respondent.
6.Considering the nature of allegations, period of incarceration undergone by the petitioner and the fact that the accused persons have cheated a sum of Rs.8,34,34,795/- from 176 house owners and lessees, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
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G.K. ILANTHIRAIYAN, J.
sai To 1.The Deputy Superintendent of Police, Economic Offences Wing, Chennai.
2.The Public Prosecutor, High Court of Madras.
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