Madras High CourtCRL OP/23629/2022dismissed

Sunil Kumar v. State Rep By

2022-09-28Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No.23629 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 26.07.2022 for offence punishable under Sections 406, 420 IPC and Section 3 & 4 of Prize Chit Act and Section 21 of the Banning of Unregulated Deposit Scheme Act, 2019 in Crime No. 03 of 2019, seeks bail.

2. There are totally five accused in this case, in which the petitioner is arrayed as A5. The case of the prosecution is that the defacto complainant was working as a Manager (HR) in a company, where the petitioner was working as a General Manager. It is alleged that the company had received money from the public and not returned back the same to the depositors. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that A2 had been arrested and released on bail. Hence, he prays to anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the the petitioner along with other accused are alleged to have conspired together and induced the victims to deposit their money to the tune of Rs.13,01,00,00,000/- and the said amount was received from 76,167 depositors. Thereafter, they cheated the victims by not returning the entire amount. He would further submit that there are two previous cases pending against the petitioner. He also submitted that this is the second bail petition. Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.O.P.No.20505 of 2022 and the same was dismissed on 01.09.2022 Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of offence committed by the petitioner and also taking note of the fact that this Court had dismissed the earlier bail petition filed by the petitioner and that there is no change of circumstances. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. 28.09.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.23629 of 2022 28.09.2022