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Madras High CourtCRL OP/2931/2025dismissed

Palanikumar v. State Rep By Inspector Of Police,

2025-02-07Honourable Mr Justice A.D.Jagadish Chandira4 pages

CRL OP NO. 2931 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 2931 of 2025 PALANIKUMAR S/O. Murugan, No.153, Indhira Gandhi Nagar, Kayarambedu, Guduvanchery, Chengalpattu District. and another Petitioner(s) Vs State Rep By, Inspector of Police, Guduvancheery Police Station, Chengalpattu District. Crime No. 355 of 2024.

Respondent(s) For Petitioner(s):

Arivazhagan C C.Arivazhagan A.Arunkumar M.Ulaganathan For Respondent(s):

Mr.S.Santhosh, Government Advocate (crl Side)

ORDER

Apprehending arrest in connection with Crime No.355 of 2024, registered for the offences punishable under Section 318(4) of BNS, the present petition has been filed seeking anticipatory bail.

2.Pleading innocence on the part of the first petitioner, false implication in the case, learned counsel for the petitioners seek indulgence of this court. He would submit that

the case of civil nature has been falsely projected as a case of cheating. He further submitted that instead of filing the suit for specific performance, the defacto complainant has given a false complaint of cheating. Further, the second accused in this case has been granted Anticipatory Bail in Crl.O.P.No.29656 of 2024 vide order dated 10.12.2024. He also submitted that this is the second anticipatory bail application and the first petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that petitioner/A1 on the assurance of selling his land received an amount of Rs.12,00,000/- from the defacto complainant and cheated him. He further submitted that A2 is none other than the daughter of the first petitioner and she was granted Anticipatory Bail by taking into consideration the fact that there were no specific allegations made out against her and he would object the petition in respect of the first petitioner. He further submitted that the first petitioner has also cheated 7 other victims in similar manner and he had attempted to project the same as a case of civil nature. He would further submit that seven previous cases are pending as against A1 and the same is extracted hereunder:

|S.No.

Police Station, Cr.No. And Section Stage of the Case Guduvancherry P.S., Cr.No.734 of 2021 u/s.

294(b), 307,386, 397, 420, 506(ii) IPC Pending Trial Tambaram P.S., Cr.No. 970 of 2022 u/s. 406, 419, 420 of IPC Pending Trial Tambaram P.S., Cr. No. 971 of 2022 u/s. 406, 420 IPC Not taken on file Tambaram P.S., Cr.No. 972 of 2022 u/s. 336, 341, 392, 397, 427, 506(ii) IPC 406, 420 IPC Under Investigation Guduvancherry P.S., Cr.No.

732 of 2021 u/s.

420, 506(ii) IPC Pending Trial Guduvancherry P.S., Cr.No.

730 of 2021 u/s.

420, 506(ii) IPC Pending Trial Guduvancherry P.S., Cr.No.359 Under

of 2024 u/s.

318(4) of BNS Investigation 4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record. 5.Considering the nature of the offence and that the first petitioner has also cheated 7 other persons in a similar fashion, this Court is not inclined to grant anticipatory bail to the first petitioner, at this stage. Accordingly, this Criminal Original Petition is dismissed. 07-02-2025 msv To Inspector of Police, Guduvancheery Police Station, Chengalpattu District.