Sivamani v. The State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.05.2024 for the alleged offence under Sections 420 of I.P.C. in Crime No.06 of 2024 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the defacto complainant is agent of petitioner for conducting Diwali chit funds. The defacto complainant had herself accumulated and joined 134 subscribers at her own risk, thereby she had collected chit amount to the tune of Rs.27,63,000/-. Thereafter, the petitioner cheated her and other subscribers after maturity of chit amount. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that earlier this court granted interim bail by an order dated 27.06.2024 to attend last rites of her deceased brother and thereafter, he was confined in prison. He would submit that he has been falsely implicated in this case as if he has cheated

the defacto complainant. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the said concern. He would submit that there is no overtact attributed against him and there is no role of the petitioner in the alleged offence. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 15.07.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner had cheated the defacto complainant and other subscribers to the tune of Rs.27,63,000/- and so far, no amount was recovered. He would submit that the investigation is at initial stage and at this stage, if he is released on bail, he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. On considering the facts and circumstances of the case and the submissions made by both counsel and also on considering the gravity of offence committed by the petitioner, on conducting diwali chit fund, he has

cheated the defacto complainant and other subscribers to the tune of more than a sum of Rs.27 lakhs and investigation is at the initial stage and the fact that so far, no amount was recovered and at this stage, if he is released on bail, he may abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 22.07.2024 rpp

T.V.THAMILSELVI, J.

rpp 22.07.2024