Siva v. State Rep By,

Crl.O.P.No.1191 of 2023 Crl.O.P.No.1191 of 2023 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420 of IPC, in Crime No.370 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had conducted an unregistered Chit and the defacto complainant was joined in the said Chit and paid a sum of Rs.10,00,000/-. After maturity, the petitioner had failed to repay the said amount. When the same was questioned, the petitioner promised the defacto complainant that he sell his property for a sale consideration of Rs.35,00,000/-. Based on which, the defacto complainant has paid Rs.4,00,000/- as advance. Thereafter, the petitioner had executed a Sale Deed in favour of his son and cheated the defacto complainant. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that he is ready to abide by any stringent condition that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner is running unregistered Chit and the defacto complainant was also one 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1191 of 2023 T.V.THAMILSELVI, J.

gbi among the number of the Chit and the Chit amount is Rs.10,00,000/- though the defacto complainant paid the entire Chit amount, after the maturity of the above chit, the petitioner failed to pay the said amount, thereafter the petitioner promised to sell his property based on which the defacto complainant and the petitioner entered into unregistered sale agreement for a sum of Rs.35,00,000/- as total consideration, out of which Rs.10,00,000/- was due and another Rs.4,00,000/- was received as an advance and promised to execute the sale deed, however the petitioner sold the property in favour of his son, thereby the petitioner cheated the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the gravity of offence, the amount involved in this case, the investigation is at crucial stage, there is possibility of tampering the witnesses, hampering the investigation, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. gbi 30.01.2023 Crl.O.P.No.1191 of 2023 2/2 https://www.mhc.tn.gov.in/judis