P.Ashok Kumar v. The State By

Crl.O.P.No.24768 of 2022 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, seeks anticipatory bail.

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

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. He further submitted that A3 had received the money from the petitioner and this petitioner received a sum of Rs.65,00,000/- and the same was returned to the defacto complainant. He would further submit that this is the second anticipatory bail petition filed by the petitioner. Earlier petition filed by the petitioner was dismissed by this Court on 13.06.2022 in Crl.O.P.No.13511 of 2022. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that there are totally 3 accused and the petitioner herein is arrayed as A2. The petitioner along with other accused cheated the defacto complainant to the tune of Rs.2,48,00,000/- under the guise of getting a job in Central Food Corporation in the year 2018. He also submitted that there is no change of circumstances after the previous dismissal order passed by this Court. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the bad antecedents of the petitioner and also the earlier petition filed by the petitioner was dismissed by this Court and that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed with cost.

7. The petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the Tamil Nadu State Legal Services Authority, Chennai.

26.10.2022 mn G.K.ILANTHIRAIYAN, J.

mn Crl.O.P.No.24768 of 2022 26.10.2022