Bathrakalimuthu v. State Rep.By

C.V.KARTHIKEYAN , J.

The petitioner/A5 seeks anticipatory bail in Crime No.446 of 2022 registered by the respondent Police for the offences under Sections 406, 420, 294(b) and 120(B) IPC and in Crime No.431 of 2022 registered by the respondent Police for the offences under Sections 403, 406, 420, 465 and 34 IPC.

2. The Petitioner herein is the brother of A1. The Accused A1 and A3 are said to have gone around promising higher rate of interest to various depositors and in this manner, two FIRs had been registered. One FIR in Crime No.431 of 2022 and another FIR in Crime No.446 of 2022. By this manner, in FIR in Crime No.431 of 2022, a total sum of Rs.1,94,50,000/- had been received from various depositors and in FIR in Crime No.446 of 2022, a total sum of Rs.93,00,000/- had been received from various distributors. 1/4

3. The learned counsel for the Petitioner projected the innocence of the Petitioner and stated that the Petitioner is only a brother of A1 and running a tea shop and does not know anything about the transaction of her sister and that he had not received any money directly from the defacto complainant. But a statement had been produced which reflects that the Accused A1 had transferred a total sum of Rs.75,00,000/- within a very short period between March 2021 and July 2021 to the account of the Petitioner herein.

4. It is contended by the learned counsel of the Petitioner that the Petitioner's sister had alone operated his account and that she had deposited the said amount. But the Petitioner as a account holder, he is answerable for any deposit and for every withdrawal made in his account. He cannot claim innocence, he cannot claim ignorance and he cannot seek indulgence.

5. It is contended that the other Accused had been either granted bail or anticipatory bail. But this flow of money in the account of the Petitioner herein requires further and deeper investigation. I am not inclined 2/4

to grant anticipatory bail to the Petitioner herein. Accordingly, this Criminal Original Petition is dismissed.

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C.V.KARTHIKEYAN, J.

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