Mythili Devi v. Gayathri
and Criminal O.P. No. 27557 of 2023 C.V.KARTHIKEYAN, J.
The application has been filed seeking to cancel the anticipatory bail granted to the accused in Crime No. 50 of 2023 registered under Sections 406, 420 and 506(2) IPC. That anticipatory bail was granted in Criminal O.P. No. 27557 of 2024 by order dated 22.03.2024.
2. It is the grievance of the defacto complainant that he had transferred a sum of Rs. 63,00,000/- through RTGS to the accused, who claimed that she was a spiritual influencer. When the anticipatory bail was granted, it had been noted that a sum of Rs. 40,00,000/- had been returned back to the defacto complainant and it had therefore been observed that the accused should endeavour to return back the entire amount.
3. As on date, there has been some progress. In furtherance to the sum of Rs. 40,00,000/-, the accused had returned back a further sum of Rs.53,00,000/-, which would indicate that an additional sum of Rs. 13,00,000/- had been returned back to the defacto complainant.
4. Further, a demand draft for Rs. 2,00,000/- has now been
produced in the Court. It is stated that the defacto complainant has refused to receive the said amount. I would leave that to wisdom of the defacto complainant. He may receive the same or he may not receive the same and if he does not receive the same, the amount may be deposited to the credit of the Crime No. 50 of 2023 before the Judicial Magistrate No.VII, Coimbatore. If the accused comes forward to pay the balance amount, the option is given to the defacto complainant either to receive the same or refuse to receive the same and if there is a refusal, the accused may deposit the same to the credit of the Crime No. 50 of 2023.
5. I am not inclined to cancel the anticipatory bail already granted as there is substantial payment made towards the claim made by the defacto complainant.
6. In the result, this Criminal Miscellaneous Petition stands dismissed.
29.07.2024 Maya
C.V.KARTHIKEYAN,J.
Maya and Criminal O.P. No. 27557 of 2023 29.07.2024