Balachandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8217 of 2022 BALACHANDRAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, EDF-II, TEAM-IV, CENTRAL CRIME BRANCH-I, CHENNAI-07 (CRIME NO.219/2021) For Petitioner : M/S.K.SHANMUGAM Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A9, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 420 r/w 34 of IPC in Crime No.219 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.This is the case where the petitioner herein is arrayed as A9 based on the statements by the other co-accused by name Manal Ravi (A3), Janakiraman(A4) and Velumani(A5), wherein this petitioner has been implicated as one of the person privy to the illegal sale of the property owned by one Gopalakirshnan. A part sale proceeds of the property by misrepresentation and fake documents has reached the hands of the petitioner. Inspite of issuance of notice to the petitioner under Section 41A of Cr.P.C, he has not appeared before the police for investigation. The matter is under investigation by the respondent police for more than a year and the accused persons, https://hcservices.ecourts.gov.in/hcservices/

who have obtained anticipatory bail are also not appearing for enquiry and complying with the condition imposed by this Court. Hence, the progress in the investigation is almost come to stand still.

3.It is case of cheating to the tune of Rs.1,31,65,000/- wherein the property of one Gopalakrishnan has been sold misusing the limited power of attorney given to one Jayapandian(A2,) who has in turn sold the property to three persons namely, Srinivasan, Subramaniam and Mythili and received the total sale consideration of Rs.1,31,65,000/-. The fraud has come to light when Srinivasan tried to sell the property to the third party.

4.Considering the gravity of the offence and non-co-operation of the other accused as well as abscondance of the remaining accused, this Court dismisses the petition.

-sd/- 27/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, EDF-II, TEAM-IV, CENTRAL CRIME BRANCH-I, CHENNAI-07.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.SHANMUGAM Advocate on payment of necessary charges SR.NO. 6414 CRL OP.8217/2022 Date :27/04/2022 RW 29/04/2022 https://hcservices.ecourts.gov.in/hcservices/