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Madras High CourtCRL OP/17994/2022dismissed

Dhamotharan v. The State Rep By,

2022-08-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections, 406, 465, 467, 468, 420 r/w 34 of IPC in Crime No. 330 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A2 and his wife, who is arrayed as A1, have cheated the defacto complainant by proclaiming as they have arranged the house in Tamil Nadu Housing Board, for which, the defacto complainant along with ten others have given Rs.2,00,000/- each to the petitioner by furnishing fake allotment order. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that

there are totally four accused involved in this case, in which the petitioner is arrayed as A2, who is the husband of A1. Sofar as there are totally 33 victims, the petitioner had collected a sum of Rs.2,00,000/- from each the victims for allotment of house flat. Thereafter, neither alloted any house flat nor returned the money. He would further submit that the 1st petitioner was already arrested and remanded to judicial custody. Therefore, custodial interrogation of the petitioner is very much required. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, custodial interrogation of the petitioner is very much required and therefore this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 02.08.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp 02.08.2022