Joseph Dinesh v. The State Rep By Its,
T.V.THAMILSELVI,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 r/w 120(B) IPC and Section 5 of TNPID Act, in Crime No.9 of 2009 on the file of the respondent police, seeks anticipatory bail.
2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as if he was an accused in other case in CC.No.1 of 2014, on the file of Special Court under TNPID Act, Chennai. He further submitted that when the matter was called, he came to know that the subject case in CC.No.3 of 2024 was called and the other accused in CC.No.1 of 2014 were appeared, for which, non bailable warrant was issued against him and further absconding charge sheet was also filed as against the petitioner. He further submitted that the respondents not served any summons or notice to the petitioner and thereby, he appeared in another case regularly from the year 2014, and hence he prays to grant anticipatory bail to the petitioner.
3. The respondent has filed a detailed Counter.
4. Learned Government Advocate (Crl.Side) submitted that there are totally 23 accused in this case and the petitioner herein is arrayed as A12. He further submitted that the company A1/JBJ City Developers Limited was started by the accused A8 at Thirunelveli District and extended to Chennai. The accused/A8 was the managing director of the company, he colluded with other accused/ A9 to A23 with an intention to cheat the public by collecting huge sum of deposits from them by promising high returns by way of allotting plots in moderate and thereby collected a total sum of Rs.38.90 crores from 3682 depositors and defaulted the same by diverting the funds fraudulently to purchase movable and immovable properties in their name for personal gain. He further submitted that the company had collected totally Rs.
1 crore from 121 investors and defaulted to repay the returns and thereby cheated them. The charge sheet was filed and the same is pending in CC.No.1 of 2014 and CC.No.3 of 2024 before the TNPID Court, Chennai. He further submitted that in CC.No.
issued to the petitioner and summon was not received but he appeared in court for another case. Hence, he vehemently opposed to grant bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and considering the gravity of the offence and also taking note of the fact that this case needs detailed investigation, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition stands dismissed. 05.06.2024 drl
T.V.THAMILSELVI,J.
drl 05.06.2024