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Madras High CourtCRL OP/16137/2024dismissed

Janagiraman v. The State Rep By

2024-07-19Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 13.06.2024 for the alleged offence under Sections 465, 467, 468, 471, 420 of I.P.C. in Crime No.08 of 2024 on the file of respondent police, seeks bail.

2. The case of prosecution is that when the petitioner proposed to sell his property situated in his native, the defacto complainant decided to purchase the same. The petitioner executed the sale deed in favour of defacto complainant and received a sum of Rs.24,00,000/-. However, before execution of sale deed, the petitioner said to have showed settlement deed and patta and after sale, on verification, the defacto complainant found that there is no land at all. Hence, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted 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 and he has been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 35 days from 13.06.2024. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally three accused involved in this case, in which the petitioner is arrayed as A1, A2 is father of A1 and A3 is wife of A1. He would submit that the petitioner is the main person of receiving a sum of Rs.24,00,000/- as loan by giving fake documents and so far, no amount was recovered. He would also submit that if he is released on bail, he will tamper the witnesses and hamper the investigation and investigation is at initial stage. 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, he has received a loan amount of Rs.24,00,000/- by submitting forged documents and so far, no amount was recovered and investigation is at the initial stage and the fact that 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.

19.07.2024 rpp

T.V.THAMILSELVI, J.

rpp 19.07.2024