P.Ashok Kumar v. The State By Inspector Of Police

Crl.O.P.No. 20816 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420, 463, 464, 465, 471 & 506(ii) of IPC in Crime No.342 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there are totally four accused and the petitioner is arrayed as A2. The petitioner, along with the other accused viz., A1, cheated the defacto complainant to get a job in Central Food Corporation to the tune of Rs.2,48,00,000/-. Thereafter, the petitioner neither got a job nor returned the money. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that A1 was arrested and released on bail and A4 was granted anticipatory bail. Insofar as the petitioner is concerned, he has nothing to do as alleged by the prosecution. He had not received any amount as alleged by the defacto complainant. He is a married man and also having a child. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent State would submit that there are totally four accused in which the petitioner is arrayed as A2. All the accused persons had cheated the defacto complainant to the tune of Rs.2,48,00,000/- in order to get a job in Central Food Corporation. On that pretext, a sum of Rs.33,00,000/- was transferred to the account of the petitioner by the defacto complainant and the remaining amount was paid through cash. Thereafter, they failed to get any job and also failed to return the money.

5. The petitioner and A1 are brothers. Though A1 was released on bail, the custodial interrogation is very much required, since he is the master brain in the entire crime. That apart, this is the third anticipatory bail application. The earlier anticipatory bail applications were dismissed by this Court with a cost of Rs.5,000/-. Even without surrendering, the petitioner is keeping on filing the petition. That apart, the respondent did not secure the petitioner so far. However, the learned Government Advocate (Crl.Side) submitted that they would secure the petitioner immediately. The custodial interrogation of the petitioner is very much required.

5. Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed with cost. The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of Tamil Nadu Mediation and Conciliation Centre attached to this Court.

20.09.2023 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.20816 of 2023 20.09.2023