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Madras High CourtCRL OP/17552/2023dismissed

Daniel Arulraj v. The State Rep By

2023-09-20Honourable Mr Justice Rmt. Teekaa Raman4 pages

Crl.O.P.No.17552, 17553 & 17556 of 2023 RMT.TEEKAA RAMAN,J.

The petitioner in all the petitions, apprehend arrest at the hands of the respondent police for the offence punishable under Sections 406 & 420 of IPC, in Crime No.228 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused, in order to secure MBBS seat to the defacto complainant's son, have received totally a sum of Rs.66,00,000/- from the defacto complainant and thereafter, they neither secure any MBBS seat nor return the money. Hence, the complaint.

3. The learned counsel for the petitioner in all the petitions appeared through video conferencing and stated that the petitioners are innocents persons and they have been falsely implicated in this case. He would further submit that the subject matter of the amount is Rs.66 lakhs, out of which, Rs.15 lakhs has been paid to the defacto complainant and a

sum of Rs.51 lakhs is yet to be paid by the accused. According to A1, he has received only Rs.3 lakh. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that there are five accused in this case in which, the petitioners are arrayed as A3, A4 and A5. He would further submit that the petitioners along with other accused had promised to get MBBS seat to the defacto complainant's son and received a sum of Rs.66 lakhs and thereafter, they have neither secured MBBS seat nor returned the money, thereby cheated the defacto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioner in all the petitions, the learned Government Advocate (Crl. Side) for the respondent and perused the materials available on record.

6. Considering the nature and gravity of offence committed by the petitioners and also the case in under preliminary stage, I am not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, these criminal original petitions are dismissed. 20.09.2023 ata

RMT.TEEKAA RAMAN,J.

ata Crl.O.P.No.17552, 17553 & 17556 of 2023 20.09.2023