Anbalagan v. The State Rep By Its,

Crl.M.P.No.2183 of 2023 in Crl.O.P.No.14775 of 2022 G.K.ILANTHIRAIYAN, J.

This petition has been filed to cancel the anticipatory bail granted to the second respondent herein in Crl.O.P.No.14775 of 2022 dated 05.07.2022. 2.

The second respondent herein apprehended arrest at the hands of the first respondent in pursuant to the registration of FIR in Crime No.6 of 2022 on the allegation that the second respondent received a sum of Rs.22,00,000/- from the petitioner by giving a false promise to secure an Assistant Public Relationship Officer post. Thereafter, the second respondent failed to arrange any job and also refused to return the amount to the petitioner herein. However, the second respondent had agreed to deposit the said amount and as such considering the said submission, this Court granted anticipatory bail on condition that the second respondent was directed to pay a sum of Rs.20,00,000/- to the defacto complainant by way of Demand Draft within a period of two weeks and on such deposit, the second respondent was ordered to be released on bail in the event of arrest.

3. Thereafter, the second respondent did not comply with the said condition and filed a petition for modification in Crl.M.P.No.13156 of 2022 in Crl.O.P.No.14775 of 2022, on the ground that his daughter-in-law lodged a false complaint under Section 156(3) Cr.P.C before the learned Judicial Magistrate No.IV, Vellore in C.M.P.No.10531 of 2021. By an order 29.11.2021, the complaint was forwarded to the file of the Inspector of Police, District Crime Branch, Vellore. As directed by the learned Magistrate, a detailed enquiry was conducted and found a person namely Jayanthi, as if the second respondent had entrusted money with her in order to get a job. However, she had cheated the second respondent and as such the second respondent could not able to return the money to the petitioner herein. Therefore, this Court by an order dated 24.08.2022 in Crl.M.P.No.13156 of 2022 in Crl.O.P.No.14775 of 2022, deleted the condition to pay a sum of Rs.20,00,000/- to the defacto complainant.

4. Hence, the daughter-in-law of the second respondent lodged a false complaint and the Inspector of Police, District Crime Branch, Vellore submitted a detailed report and closed the complaint. It shows that in order to escape from the clutches of law, the second respondent lodged a private complaint in the name of his daughter-in-law and now it is closed by the Inspector of Police, District Crime

Branch, Vellore.

5. The learned counsel for the petitioner would submit that two other complaints are already lodged against the second respondent. Both the complaints are similar in nature. Therefore, the second respondent is a habitual offender, collecting money from the victims and promised to get a job.

6. Therefore, the custodial interrogation of the second respondent is very much required in this case. Hence, this Court is inclined to cancel the anticipatory bail granted to the second respondent herein and the order dated 05.07.2022 in Crl.O.P.No.14775 of 2022 is hereby cancelled. The first respondent is at liberty to secure the second respondent and proceed in accordance with law. Accordingly, this Criminal Miscellaneous Petition is allowed. 09.08.2023 mn

G.K.ILANTHIRAIYAN, J.

mn Crl.M.P.No.2183 of 2023 in Crl.O.P.No.14775 of 2022 09.08.2023