Poongothai v. State Rep By

Crl.O.P.No.23408 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 420 of IPC, in Crime No.211 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners were running a chit business, in which the defacto complainant was also one of the subscriber. The defacto complainant invested a sum of Rs.10,61,958/- and also fund amount of Rs.3,00,000/-. After investment, the petitioners refused to settle the chit amount. Thereafter, when the defacto complainant asked to return the amount, the accused persons refused to return the amount and thereby cheated the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and no way connected with the alleged offence. He would further submit that the petitioners are ready and willing to abide by any stringent conditions imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned counsel for the Intervener would submit that the accused persons colluded with each other and cheated the defacto complainant and refused to return the chit amount. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. The learned Additional Public Prosecutor submits that this is the second anticipatory bail petition filed by the petitioners. Earlier petition filed by the petitioners in Crl.O.P.No.20125 of 2022 was dismissed on 25.08.2022. He would further submit that the petitioners are having three previous cases pending against them. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

6. Taking into consideration the facts and circumstances of the case and the bad antecedents of the petitioners and that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. 27.09.2022 mn

G.K.ILANTHIRAIYAN, J.

mn Crl.O.P.No.23408 of 2022 27.09.2022