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Madras High CourtCRL OP/3004/2023dismissed

Nandhini v. The State Rep By Its,

2023-02-20Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.3004 of 2023 Crl.O.P.No.3004 of 2023 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 417 and 420 IPC, in Crime No.Not Known of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner entered into an agreement with the defacto complainant and received money for constructing a house in the property of the defacto complainant, but, failed to do so and thereby, cheated the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has almost completed the construction as agreed, but, the defacto complainant is finding fault in the construction and lodged a false complaint. He also stated that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. T.V.THAMILSELVI, J.

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Crl.O.P.No.3004 of 2023 gbi

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is said to have entered into an agreement with the defacto complainant for constructing a house, received more than Rs.20,00,000/- and cheated the defacto complainant by not completing the construction. He submitted that very recently this Court dismissed the bail in Crl.O.P.No.31447 of 2022 dated 12.01.2023 and there is no change of circumstances.

5. Taking into consideration the facts and circumstances of the case, also considering the fact that this Court very recently dismissed the earlier bail petition in Crl.O.P.No.31447 of 2022 dated 12.01.2023 and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original petition is dismissed. gbi 20.02.2023 Crl.O.P.No.3004 of 2023 2/2 https://www.mhc.tn.gov.in/judis