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Madras High CourtCRL OP/13682/2023dismissed

N.Ramesh v. Inspector Of Police

2023-08-09Honourable Mr Justice Rmt. Teekaa Raman4 pages

RMT.TEEKAA RAMAN,J.

The petitioners/A1 and A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419 and 420 of IPC in Crime No.48 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners herein and other accused have approached the defacto complainant one Mohammed Jameal Raja through his cousin brother Kadhar Moideen who is working in a IT company and informed that they would give the double of the amount for 500 rupees into 2000 rupees and accordingly, the defacto complainant has went to Vellore in a Car to give Rs.15 Lakhs to the petitioners/accused and on the way, some 10 unidentified persons had come there, out of which one was in police uniform and thus, cheated and robbed Rs.15 Lakhs. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and in no way connected with the case and he has been falsely implicated in this case. He further submitted that for the reason that the petitioners are well known to the accused in the present case, one 1/4

Sakthivel, who is the son of the accused Natarajan had given the confession that the entire amount was lying with his father and the main accused Natarajan's son Sakthivel, his sister son Surya and his son-in-law Sivakumar were arrested and the petitioners are roped in as accused as they are known to the prime accused. Therefore, he prays for grant of bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the 1st accused -Ramesh has been arrested and as regards the 2nd petitioner, he submitted that this matter is doubling the amount and there are nearly 10 previous cases of similar nature as against these petitioners/accused and that investigation is under progress. He further contended that vide order dated 08.08.2023, the anticipatory bail petition filed by another accused-Natarajan has been dismissed by this Court in Crl.O.P.No.14123 of 2023 and hence, vehemently opposed for grant of anticipatory bail to the 2nd petitioner.

5.Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.side) and perused the materials available on record. 2/4

6. Taking into consideration the nature and gravity of the offence and also the strong objection of the learned counsel for the intervenor as well as the learned Government Advocate (Crl.Side) and as the investigation is under progress and further that the prime accused-Ramesh, the 1st petitioner has been arrested and remanded to judicial custody and that the anticipatory bail petition of another accused-Natarajan has been dismissed by this Court on 08.08.2023 in Crl.O.P.No.14123 of 2023, this Court is not inclined to grant anticipatory bail to the 2nd petitioner herein.

7.Accordingly, this Criminal Original Petition is dismissed. 09.08.2023 ars 3/4

RMT.TEEKAA RAMAN,J.

ars 09.08.2023 4/4