S Raja v. State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 420 & 406 IPC, in Crime No.4 of 2023, on the file of the respondent police seeks anticipatory bail.

2.The learned counsel for the petitioner submitted that reading of FIR allegations show that defacto complainant had not paid any amount to the petitioner. Allegations would only show that he had sent the money to the bank account of the second accused. Petitioner is an illiterate and doing the job of mason. Thus, he seeks anticipatory bail for the petitioner.

3.In response, the learned Government Advocate (Crl.Side) submitted that both accused had informed the defacto complainant that they would get Rs.5,00,00,000/- loan to him. For the said purpose, they demanded Rs.20,00,000/- as advance. Defacto complainant deposited a sum of Rs.19,66,108/- to the account of the second accused on various

dates. Thereafter, when the loan amount was not given, he demanded the accused to repay the amount deposited by him. When the demand for repayment was made, on 15.12.2022, accused had scolded him in filthy language and said to have told that if he asks for money, he would be killed. He further submitted that investigation in this case is pending and prayed for dismissal of this petition.

4.Considered the rival submissions and perused the records. 5.Considering the nature of the allegations made against the petitioner, the fact that petitioner had also joined with the second accused in promising the defcto complainant to get the loan amount and for the same, received a sum of Rs.19,66,108/- to the account of the second accused and that the petitioner had also threatened the defacto complainant along with the first accused and investigation in this case is not completed, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. 18.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 18.07.2023