S.Prabakaran v. State Rep By

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest for the alleged offence under Sections 120(B) and 420 of IPC Cr.No.14 of 2022, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and the third accused colluded with each other and on false promise they received a sum of Rs.2,35,50,000/- from the defacto complainant to secure him a Chairman post in the Wrestling Federation of India and cheated him. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that in order to secure the post of Chairman, the defacto complainant donated Rs.50,00,000/- in the account of the Wrestling Federation. But the defacto complainant alleged that he had given Rs.2,35,50,000 to the petitioners and the 3rd accused for becoming the

Chairman of the said Federation. Hence prays for grant of anticipatory bail to the petitioners.

4. The learned counsel for the intervenor raised strong objection for the grant of anticipatory bail to the petitioners. He submitted that by issuing a false certificate, as if, he was appointed as a Chairman of the District Federation of India and donated a sum of Rs.50.00 lakhs to the account provided by the 1st and 2nd petitioner and as a proof he enclosed whatsapp conversation in the additional typed set of papers. 5.The learned Government Advocate (Crl.Side) submitted that the petitioners and the third accused colluded with each other and on false promise they received a sum of Rs.2,35,50,000/- from the defacto complainant to secure him a Chairman post in the Wrestling Federation of India and cheated him. He further stated the investigation is at nascent stage and if the petitioners are granted anticipatory at this stage, then there will be possibility of tampering the witnesses and will hamper the investigation. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

6. On earlier occasion, when the matter was taken up for hearing, this Court had directed the Government Advocate (Crl. Side) to verify whether any such post is available in the District Federation of India and the reply given the Wrestling Federation of India is as follows: "The ID Card issued to Mr.Padmaraja Mahalingam is totally fake and not issued by this Federation. The Wrestling Federation of India is recognized by the Ministry of Youth Affairs & Sports, Govt. of India. The correct name of the Sports Ministry is Ministry of Youth Affairs & Sports not the Ministry of Sports and Youth Affairs"

7. A perusal of the typed set of papers reveals that the petitioners had created a fake document, as if, the District Federation of India issued the certificate to the defacto complainant, which needs detail investigation. Considering the fact that investigation is at crucial stage, if the petitioners are granted anticipatory bail at this stage, there is possibility of tampering the investigation, this Court is not inclined to grant the relief sought for in this

petition. Hence, this Criminal Original Petition for anticipatory bail T.V.THAMILSELVI, J.

jai stands dismissed. And the respondent police is also directed to investigate who is involved in creation of fake document in detail manner as per the manner known to law.

14.12.2022 jai