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Madras High CourtCRL OP/3627/2023dismissed

S Mahalakshmi v. State Rep By

2023-02-27Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest for the alleged offence under Section 420 of IPC in Crime No.228 of 2022 on the file of he respondent police seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with the defacto complainant running dairy farm from 2018 at Chitoor District, Andra pradesh, namely Oceagreens Legacy Management Private Limited, in which petitioners and other two members were Directors. Thereafter, the defacto complainant suspected the petitioners. Pursuant to that, accounts were audited and on such audit they came to know that the petitioners have allegedly cheated and misappropriated to the tune of Rs.4,81,94, 168/- in the guise of purchase of agricultural lands, cattle feed, outsourced milk. Hence the complaint.

3. The learned Counsel for the petitioners submitted that petitioners have been falsely implicated in this case. He further submitted that this is the second anticipatory bail petition filed before this Court and also there

is a change in circumstances after dismissing the previous anticipatory bail petition. Hence, he prayed to grant anticipatory bail for the petitioners. 4.The learned counsel for the Intervenor raised objections stating that there is a clear case of cheating. By beleiving the words of the accused, the defacto complainant invested huge money in the aforesaid company. Later, they found that the petitioners were not been bought the cattle from the invested money further they siphoned off money to their sister concern. After auditing they found that the petitioners cheated and misappropriated to the tune of Rs.4,81,94,168/- from the company. Hence, he prays to dimiss the petition.

5.Heard, learned counsel for the petitioners and also learned counsel for the Intervenor.

6.Considering the submissions on either side, prima facie it is seen that there is a clear case of cheating by giving false promise and

collected more than Four Cores from Non Resident Indians. Later, the petitioners siphoned off to their sister concerns and also there is no change of circumstances after dismissing the previous Anticipatory Bail peition. Hence, this Court is not inclined to grant anticipatory bail to the petitioners. 7.Accordingly, this Criminal Original Petition stands dismissed. 27.02.2023 dk

T.V.THAMILSELVI, J.

dk 27.02.2023