Madras High CourtCRL OP/4046/2022dismissed

A.Swaminathan v. The State Rep By

2022-03-02Honourable Dr Justice G. Jayachandran4 pages

Dr.G.JAYACHANDRAN, J.

The petition for anticipatory bail has been filed by the 1st Accused apprehend the arrest for the alleged offences punishable under Sections 406, 420, 465, 468 and 34 of IPC in Crime No.241 of 2021, registered on the complaint given by one Keerthivasan alleging that the petitioner has received Rs.1,75,000/- promising to get a Government job. However, having failed to secure the job, complaint has been given on 22.12.2021.

2. The learned Senior Counsel appearing for the petitioner would submit that pursuant to the complaint, the petitioner was called by the police for enquiry and during the course of the enquiry, he agreed to return the money and accordingly the said sum of Rs.1,75,000/- has been returned to Keerthivasan and due acknowledgment was also obtained from him. A copy of the acknowledgment issued by Keerthivasan in a stamp paper is also furnished before this Court for perusal. 1/4

3. The learned Government Advocate (crl.side) filed a detailed counter, wherein, he has stated that the complaint of Keerthivasan was only a tip of an iceberg, which initiated the criminal law in motion. Having registered a complaint and during the course of the investigation, the respondent Police found that this petitioner along with 7 other accused persons had created a chain to cheat gullible public by offering lucrative Government Job and received money from them in order to cheat. Apart from the complaint given by Keerthivasan/defacto complainant, the First Information Report registered in Crime No.241 of 2021 dated 22.12.2021. There are 12 other victims who have parted away around Rs.1,08,75,000/- and the investigation is at a very crucial stage and due to the abscond of the petitioner herein, investigation could not be proceeded.

4. Considering the averments made in the counter affidavit and details furnished by the respondent, this Court is of the view that it is not a fit case to grant Anticipatory Bail to the petitioner. 2/4

5. Hence, the Criminal Original Petition is dismissed. 02.03.2022 rpl/mpl 3/4

DR.G.JAYACHANDRAN,J.

rpl/mpl 02.03.2022 4/4