Ponnambalam v. The State Rep By
T.V.THAMILSELVI, J.
The petitioners, who were arrested and remanded to judicial custody on 05.02.2024 for the alleged offence under Section 406, 120B and 420 of I.P.C. in Crime No.42 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant and unnamed 105 persons have alleged to have invested a sum of Rs.1.6 crores in a firm run by A1 and as a security, the A1 and A6 have executed some stamp paper by giving false promise, but they failed to repay the amount. Hence, he had lodged a complaint against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are in-laws of A1 and they were falsely implicated in this case. He would submit that they are no way connected with the firm run by A1. He would submit that there is no specific overtact against these petitioners and they are innocent persons and they have not at all committed any
offence as alleged by the respondent police. He would submit that there is no role of the petitioners in the alleged offence and the investigation is almost completed and that the petitioners have been suffering incarceration from 05.02.2024 for more than 58 days. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 8 accused involved in this case, in which petitioners are arrayed as A7 and A8 and A4 to A6 are still absconding. He would submit that A2 and A3 were already granted bail. He would submit that now the enquiry is pending and investigation is not yet completed. He would also submit that if they are released on bail, they may abscond and they would tamper the witnesses and hamper the investigation and the investigation is completed and the charge sheet is yet to be filed. Hence, he vehemently opposed to grant bail to the petitioners.
5. Considering the facts and circumstances of the case and on considering the submissions made by both counsel, it reveals that they have collected deposits nearly about Rs. 1 crore from more than 100 members by giving false promise and as on date, no amount was recovered and on
seeing gravity of offence committed by the petitioners and also the fact that now the enquiry is pending and the investigation is not yet completed, at this stage, if they are released on bail, they may abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
04.04.2024 rpp
T.V.THAMILSELVI, J.
rpp 04.04.2024