Chandrangathan @ Kannan v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 21.12.2022 for the alleged offence under Sections 406, 420 and 120(b) of I.P.C., in Crime No.257 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the petitioner introduced A1 to A3 to the defacto complainant and induced him to supply with the materials and they have supplied stocks to the shops of A1 to A3 through the purchase orders to the tune of Rs.3,48,00,000/- and regularly supplied materials on various occasions to them. However, they have paid only a sum of Rs.95 lakhs out of the said amount and balance amount was not paid, for which, the petitioner received a sum of Rs.95,000/- towards his commission. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that he is a senior citizen and in fact, he is a friend of defacto complainant and subsequently, he introduced A1 to A3 with a bonafide intention to supply stocks under the guarantee for collection of payment by A1 to A3 and he has no knowledge of these transaction between them. He would submit that his name is not found in the F.I.R. and there is no specific overtact against this petitioner and he is an innocent person. He would submit that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration from 21.12.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 4 accused involved in this case and the petitioner is arrayed as A4. He would submit that A2 is still absconding and other accused were arrested. He would submit that two

more complaints received from other persons and 161 statement was recorded. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is not yet completed and it is in preliminary stage. However, he would vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner, and also considering the fact that the petitioner has introduced the other accused and two other victims lodged complaints in this case and A2 is still absconding and considering the fact that there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

19.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 19.01.2023