Perumalsamy v. The State Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Perumalsamy

...Petitioner/A1

Vs.

The State rep. by the Inspector of Police, District Crime Branch, Perambalur.

in Crime No.5 of 2025

...Respondent

Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.5 of 2025, on the file of the respondent police. For Petitioner : Mr.A.Vijayakumar For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.05.2025, for the offence punishable under Sections 417 and 420 of IPC, Page No.1 of 4

in connection with Crime No.5 of 2025, registered on the file of the respondent, seeks bail.

2.The learned counsel for the petitioner submitted that the petitioner acted as an Agent of M/s.Astronio Properties Private Limited, which is a sister concern of M/s.Neomax Properties Private Limited. The petitioner only collects money and deposits the same with the company. The petitioner is paid employee and nothing to do with the transaction between the company and de-facto complainant. There is a civil suit pending between the petitioner and de-facto complainant and others in O.S.No.11 of 2025 before the learned District and Sessions Judge, Perambalur. Suppressing these facts, a criminal colour has been given and the petitioner has been arrested.

3.The learned Government Advocate (Crl. Side) strongly opposed the petitioner's contention submitting that the petitioner had collected money from the de-facto complainant and others to the tune of Rs.23,75,000/-. There are totally 5 accused. As regards this petitioner, he personally Page No.2 of 4

collected Rs.14,50,000/-. Though the accused have received money, they neither executed any sale deed for the properties nor returned the amount. It is also found that they are also part of the large group involved in cheating of general public.

4.Considering the nature of offence, this Court is not inclined to entertain this petition.

5.At this stage, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition. He has also made an endorsement in the petition to that effect. In view of the same, this Criminal Original Petition is dismissed as withdrawn.

02.07.2025 rsi Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Page No.3 of 4

M.NIRMAL KUMAR, J.

rsi To:

1.The Inspector of Police, District Crime Branch, Perambalur.

2.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

02.07.2025 Page No.4 of 4