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Madras High CourtCRL OP/18867/2023dismissed

Palanivel v. The Inspector Of Police,

2023-09-21Honourable Mr Justice G. Chandrasekharan3 pages

G.CHANDRASEKHARAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Section 420 IPC in Crime.No.73 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submits that the allegation against the petitioner is that, he acquired a sum of Rs.10,00,000/- from the de-facto complainant's father on the promise of getting Central Government Job. He further submits that the petitioner is no way connected with the cheating, the other accused persons viz., A1 and A2 had cheated the amount of the de-facto complainant. Hence, he seeks anticipatory bail to the petitioner.

3. Learned counsel for the de-facto complainant/intervener opposed this petition on the ground that the petitioner, who is the one has received the money from the de-facto complainant's father.

4. The learned Government Advocate (Criminal side) submits that

the investigation is going on and the other accused viz., A1 was absconding, A2 was arrested and released on bail and the petitioner is also absconding. Hence, he opposed this petition for grant of anticipatory bail to the petitioner.

5.On 17.07.2023, first anticipatory bail petition in Crl.O.P.No.11447 of 2023 was dismissed by this Court on the ground that petitioner along with the other accused had received a sum of Rs.10,00,000/- from the de-facto complainant's father on the promise of getting employment in Central Government. So far the amount is not recovered. Since the dismissal of the first anticipatory bail petition, there is no change of circumstances for the reason that the accused are absconding. Unless the accused are apprehended, there is no possibility of progress being made in the investigation in this case and the recovery of money parted by the defacto complainant's father. Thus, this Criminal Original Petition is dismissed.

sli 21.09.2023

G.CHANDRASEKHARAN.

J.

sli 21.09.2023