R.Saravanan v. The Inspector Of Police

RMT.TEEKAA RAMAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 of IPC in Crime No.317 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A1 is running a business in the name and style of 5-G Gold at Vadapalani, Chennai, and A2 is managing the business of A1 and also handling the business transactions. The petitioner along with other accused have promised the defacto complainant that if she paid cash they will give gold coins and believing their words, the defacto complainant has paid Rs.3,52,000/- on various dates and thereafter, she was cheated by the accused. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is the owner of the Company and A2 is managing the day to day affairs of the Company and he has taken away the amount. He would further submit that the petitioner is ready to deposit Rs.3,52,000/- to the credit of Crime. No.317 of 2022. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the the petitioner and along with other accused have collected Rs.3,52,000/- from the defacto complainant on the promise of providing gold coins and cheated her. He would further submit that the earlier anticipatory bail petition filed by the petitioner was dismissed by the City Civil Court. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. This Court, by an order dated 16.08.2023, granted anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.3,52,000/- (Rupees Three Lakh Fifty Two Thousand only) to the credit of Crime No.317 of 2022 before the Magistrate on or before 23.08.2023 and the matter was directed to be listed on 24.08.2023 under the caption "for reporting compliance". However, the petitioner failed to comply with the condition and seeks anticipatory bail. Since the petitioner had not deposited the said amount as directed by this Court, I am not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. 30.08.2023 ata

RMT.TEEKAA RAMAN , J.

ata 30.08.2023