Prabavathy v. The Inspector Of Police
Orders reserved on 26.09.2023 Orders pronounced on 29.09.2023 The Petitioner viz., Prabavathy in Crl.OP.No.7416 of 2023, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 406, 420, 506 (ii) of IPC in Crime No.10 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The Petitioner viz., Eagambaram in Crl.OP.No.15389 of 2023, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 406, 420, 506(ii) of IPC in Crime No.10 of 2023 on the file of the Respondent police, seeks anticipatory bail. 3.The case of the prosecution is that the Defacto Complainant was working as tele-caller in Prabavathy/A1's company. Based upon the relationship between Prabavathy and Defacto Complainant, she demanded money from the Defacto Complainant to start a new business, for which the Defacto Complainant gave an original sale deed for mortgaging the properties 1/ 5
with Eagambaram/A2 and some jewels to raise the money. However, A1 & A2 executed a general power of attorney and sold the property. Further they have also collected a sum of Rs.1,50,000/- from the Defacto Complainant for investing it in the new business run by the Accused herein and they have not returned the amount. They have also not handed over the sale consideration amount to the Defacto Complainant and hence the complaint has been lodged. Then they have also executed an undertaking that they will repay the amount on or before the date mentioned therein. However, they failed to return the said amount and also failed to return the jewels and hence the complaint. 4.Considering the nature of the complaint, earlier the matter was referred to Mediation, twice.
Since the mediation failed, negative report from the Mediation Centre attached to this Court was arrived. 5.Heard Mr.Sankara Subbu, learned counsel for Mr.G.Pavendhan, learned counsel for the Petitioner in Crl.OP.No.7416 of 2023 and Mr.M.Machavatharan, learned counsel for the Petitioner and Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Crl.Side).
6.After hearing the rival submissions and also taking note of the acknowledgement of liability given by the Petitioners herein and also taking note of some delinquent conversation recorded in Sony-CD-R between the parties, I am of the considered view that the Petitioners are not entitled for grant of anticipatory bail and since the matter is at the stage of preliminary investigation, I am not inclined to grant anticipatory bail to the Petitioners. 7.Accordingly, these Criminal Original Petitions are dismissed. .09.2023 (2/2) 3/ 5
Pre-delivery Order in Dated 29.09.2023 (2/2) 4/ 5
Crl.M.P.Nos.6157 & 10963 of 2023 in Crl.MP.No.6157 of 2023 has been filed to permit the Petitioner to intervene in Crl.OP.No.7416 of 2023.
2.Crl.MP.No.10963 of 2023 has been filed to permit the Petitioner to intervene in Crl.OP.No.15389 of 2023.
3.Being satisfied with the submissions made by the learned counsel for the Petitioners and the reasons stated in the affidavit filed in support of these Petitions, I am inclined order these Petitions.
4.Accordingly, these Petitions are ordered as prayed for.
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