Govindasamy v. State Rep By

CRL.O.P.No.20883 of 2022 M.DHANDAPANI, J.

The petitioners in this petition apprehends arrest at the hands of the respondent police for the alleged offence under Sections 380, 421 and 408 of IPC in Cr.No.7 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the petitioner that A1 and A2 in this case mortgaged the cotton bales which were kept in the godown, in the State Bank of India and obtained a loan of Rs.5 Crores. Subsequently, the accused persons failed to repay the loan and hence, the bank has taken steps to sell the goods available in the godown. At that time, they found that the petitioners had replaced the original cotton bales with substandard goods. Immediately, the Bank Officials had given a complaint and the respondent police registered a case against the petitioner.

3. It is seen from the materials available on record that, earlier, petitions filed seeking anticipatory bail were dismissed by this Court, in view of the Page No.1 of 5

fact that the petitioners having obtained a sum of Rs.5 Crores by way of a loan from the State Bank of India had failed to repay the same.

4. However, at the time of hearing, learned counsel for the petitioners submitted that the petitioners are ready to pay a sum of Rs.2 Crores to the State Bank of India, SME Branch, Tiruppur, within a period of four weeks from the date of receipt of a copy of this order and produce the proof of such payment by the next date of hearing. Therefore, this case was listed today i.e., 29.09.2022, under the caption "For Reporting Compliance".

5. Learned Government Advocate appearing for the respondents would submit that on 01.09.2022, the petitioners undertook to repay a sum of Rs.2 Crores within a period of four weeks, however, they failed to comply the same, which was also not disputed by the learned counsel for the petitioners.

6. Admittedly, the petitioners obtained a loan of Rs.5 Crores and committed default. They have undertook to repay a sum of Rs.2 Crores to the State Bank of India, SME Branch, Tiruppur, within a period of four weeks, however, the same was not complied by the petitioners. Page No.2 of 5

7. In view of the above, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

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M.DHANDAPANI, J.

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