Alex@Paul Francis Xavier v. State Rep By

Dr.JUSTICE G.JAYACHANDRAN.,J This Criminal Original Petition has been filed to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.94 of 2021 on the file of the Inspector of Police, Central Crime Branch-II, EDF-III, Chennai District, pending investigation.

2. The petitioner herein is arrayed as an accused in Crime No.94 of 2021, wherein it is alleged that the stocks of the defacto complainant hav been sold to third parties and the sale proceeds been siphoned and credited into the accounts of M/s.Ashirvad Enterprises to which the petitioner herein is the Proprietor. One Vishal D Bothra, former Marketing Manager of the defacto complainant had been the brain behind the alleged fraud and mis-appropriation, who is none other than the brother-in-law of the petitioner.

3. This Court on considering the materials collected in the course of investigation passed a detailed order on 07.04.2022, dismissing the petition for anticipatory bail. Again the petitioner has moved this Court for anticipatory bail, which was also declined by this Court by order dated 20.05.2022. Third time, the petitioner has moved this Court for anticipatory bail on the ground that there 1/3

are documents to show that the money credited in the account by buyers were against the goods sold.

4. This Court directed the counsel for the petitioner to produce documents to satisfy this Court that the petitioner herein is doing proper business in Polimer products by purchasing from manufacturer and selling it to the retailers. The learned counsel for the petitioner produced some documents in which neither the purchase bills nor the sales bills tallies with date of receipts and the amount. Hence, this Court is not satisfied with the contention raised by the petitioner herein that the complaint is made out of business rivalry and not on the real case of cheat and fraud.

5. In view of the above, this Criminal Original Petition seeking anticipatory bail is dismissed.

05.07.2022 mfa 2/3

Dr.JUSTICE G.JAYACHANDRAN.,J mfa 05.07.2022 3/3