N.Krishnappa v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.612 of 2022 N.KRISHNAPPA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE , CCB 1/PS CHENNAI, CCB DISTRICT, EDF-II, TEAM - 4, CHENNAI CRIME BRANCH, VEPERY, CHENNAI.
(CRIME NO. 289 OF 2019) For Petitioner : M/S.P.K.GANESH Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor For Intervener : M/S.M.ANANDARAJ, Advocate PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 21.12.2021 for the offences under Sections 409, 420, 465, 468, 120 (b) read with 34 of IPC, in Crime No.289 of 2019, on the file of the respondent police seeks bail.
2. The case of the prosecution is that the defacto complainant's mother appointed the petitioner as Power Agent and they entered into a Memorandum of Agreement for a sale consideration of Rs.1.5 Crores. At the time of MoU, the petitioner gave Rs.20 lakhs and for the remaining amount of Rs.85 lakhs, he gave two cheques. Later, he sold
the property to the other accused for a sale consideration of Rs.1.5 Crores on 22.11.2017. However, he did not pay the balance amount and thereby, cheated her.
3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the investigation has been completed and the charge sheet has been filed and the trial has commenced and the petitioner has been suffering incarceration for 35 days from 21.12.2021. Hence, he would pray for grant of bail. 4.The learned Additional Public Prosecutor would raise strong objection stating that the petitioner was earlier granted bail by the lower Court with a condition to deposit a sum of Rs.30 lakhs to the credit of crime number within a period of 6 weeks. But the petitioner did not comply with the condition and hence, the bail was cancelled and subsequently, the petitioner was arrested. He would submit further submit that the value of the subject property is more than Rs.1.5 Crores and it has been sold for very megre amount of Rs.20 lakhs and a sum of Rs.85 lakhs has been cheated.
5. It is seen that the petitioner was earlier granted bail with a direction to deposit a sum of Rs.30 lakhs and the said condition was not complied by the petitioner. Even though the charge sheet is filed, on seeing the gravity of offence and the amount involved is very huge and hence, this Court is not inclined to grant bail to the petitioner.
Accordingly, this Criminal Original Petition is dismissed.
-sd/- 24/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
2 THE INSPECTOR OF POLICE , CCB 1/PS CHENNAI, CCB DISTRICT, EDF-II, TEAM - 4, CHENNAI CRIME BRANCH, VEPERY, CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.P.K.GANESH Advocate on payment of necessary charges SR.NO.1146 +1 CC to M/S.M.ANANDARAJ Advocate on payment of necessary charges SR.NO.1144 CRL OP.612/2022 Date :24/01/2022 RW 03/02/2022