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Madras High CourtCRL OP/760/2023dismissed

Natarajan v. State Rep By

2023-02-06Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120B, 406, 420 & 506(1) of IPC in Crime No.13 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that the accused on giving the false promise and assurance of getting a job in Food Corporation of India, have received a several amounts on various dates to the tune of Rs.2,83,00,000/- and cheated the de-facto complainant. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that a case of financial dispute was projected as a case of cheating as if the de-facto complainant has given the money for getting a job. He also stated that the similarly placed co-accused has been arrested and granted bail by this Court. Hence he prays for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) for the respondent submitted that the petitioner along with the other accused on the false promise of getting job as AGM in Food Corporation of India has induced the de-facto complainant and received a sum of Rs.2,83,00,000/- and him. He further submitted that this the second anticipatory bail application and there is no change in circumstance. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. The learned counsel for the Intervenor raised strong objection for grant of anticipatory bail to the petitioner.

6. Heard the learned counsel for the petitioner, the learned counsel for the intervenor and the learned Government Advocate (Crl.Side) appearing for the respondent police and perused the material available on record.

7. Taking into consideration the facts and circumstances of the case and considering the gravity of offence committed by the petitioner and also taking note of the fact that even though the co-accused was granted bail by this Court, the contact of present petitioner needs detailed investigation may

include custodial interrogation and there is no change in circumstances, this court is not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed. 1.

06.02.2022 jai

T.V.THAMILSELVI,J.

Jai 06.02.2023