R.Alwarsamy v. The State Rep By

and Crl.M.P.No.16243 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 506(i) of IPC in Crime No.457 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner along with other accused have induced the de facto complainant and in the false assurance of getting the post in the National Medical Council, had received a sum of Rs.70,00,000/- and cheated the de facto complainant. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are not at all aware of anything and that a case of business transaction has been falsely

projected as a case of Cheating. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the main accused(A1) in this case has been arrested and from him a sum of Rs.15,00,000/- has been recovered. He would further submit that the investigation in this case is at initial stage and as per the Confession Statement recorded from A1, the petitioners are the main persons who have collected money from the de facto complainant and handed over to him. He would also submit that A1 is a professional offender, he has been arrested and still is in Judicial Custody and the petitioners with the association of A1 had cheated the de facto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Mr.P.Senthilkumar, learned counsel for the intervenor would submit that the De facto complainant Dr.K.Selva Kumar, was induced by the petitioners and other persons under the guise of getting him the post

in National Medical Council and had received a sum of Rs.70,00,000/- and cheated him. He would further submit that the investigation in this case is at initial stage and the arrested accused is also still in Judicial Custody.

6. Heard both sides and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on both sides and also taking note of the fact that the investigation is at initial stage, this Court not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Criminal Miscellaneous Petition is closed. 03.11.2022 (1/2) arb

A.D.JAGADISH CHANDIRA, J.

arb and Crl.M.P.No.16243 of 2022 03.11.2022 (1/2)