K Syed Ashraf v. Inspector Of Police

K.GOVINDARAJAN THILAKAVADI, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 & 120(b) of IPC in Crime No.581 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are the brother, wife and brother-in-law of the first accused respectively and at the request of the first accused to extent financial assistance to his business, the defacto complainant deposited Rs.22,00,000/- to the account of the first accused and the first accused also managed to collect 250 grams of Gold Jewel from the brother of the Defacto Complainant. But the first accused failed to repay the amount and return the jewels.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and a false case has been foisted against them. He further submitted that the petitioners are no way connected with the case as alleged by the prosecution. Therefore, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners herein are the accused 2, 4 & 5. The petitioners along with others failed to repay Rs.22,00,000/- and 250 grams of Gold Jewels to the Defacto Complainant and his brother. 1/3

Therefore, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made on both sides and also taking note of the fact that very huge amount is involved, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. 11.05.2023 nl 2/3

K.GOVINDARAJAN THILAKAVADI, J.

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