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Madras High CourtCRL OP/6164/2023dismissed

V.Srinivas v. Station House Officer Poonamallee Police Station

2023-08-28Honourable Mr Justice Rmt. Teekaa Raman4 pages

Crl.OP.No.6164 of 2023 RMT.TEEKAA RAMAN, J.

This petition is filed to enlarge the petitioner on bail in the event of his arrest by the respondent in Crime No.567 of 2022 on the file of the respondent.

2.The learned counsel for the petitioner submitted that petitioner has been falsely implicated as accused in Cr.No.567 of 2022 for the offences under Section 406, 420 and 506 (1) I.P.C. 1860. Petitioner is innocent. Thus, he prayed for grant of anticipatory bail.

3.In response, the learned Government Advocate (Criminal side) submitted that the petitioner is the owner of property situated at plot No.1, First Floor, Senthurpuram Division, Kattupakkam Villge, Poonamallee Taluk, Tiruvallur District. The defacto-complainant and petitioner had entered into a lease agreement dated 15.09.2020. As per the lease agreement, the defacto-complainant had paid a sum of Rs.8,00,000/- to the petitioner. However, the petitioner has not handed over the keys to the defacto-complainant stating that renovation work in the premises is not 1/4

completed. When the defacto-complainant visited the premises, petitioner has leased the property to one Rizwan. Petitioner did not return the amount paid by the defacto-complainant. Hence, the complaint. 4.In reply, the learned counsel for the petitioner submitted that he has repaid Rs.25,000/- and Rs.4,25,000/- to the defacto-complainant. 5.Considered the rival submissions and perused the records 6.Considering the nature of offence alleged against the petitioner, and the submission of the learned counsel for the petitioner that he has repaid Rs.25,000/- and Rs.4,25,000/- to the defacto-complainant, however, there is no proof according to him, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 28.08.2023 ep 2/4

RMT.TEEKAA RAMAN, J.

ep Crl.OP.No.6164 of 2023 3/4

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