K.Gayathri v. Inspector Of Police

Orders reserved on 22.09.2023 Orders pronounced on 29.09.2023 RMT.TEEKAA RAMAN, J.

The Petitioner/A1, who apprehends arrest at the hands of the Respondent police for the offence punishable under Section 420 of IPC in Crime No.23 of 2023 on the file of the Respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Petitioner/A1 promised to arrange job in Government for the daughter of the Defacto Complainant and his brother's son, for which, he received a sum of Rs.21,00,000/- and cheated the Defacto Complainant without returning the money. When the Defacto Complainant demanded for money, the Petitioner threatened him with dire consequences. Hence the complaint.

3.Counter affidavit filed by the Investigating Officer. At para 5, it is stated that the Petitioner involved in nine previous cases, which are similar in nature as stated below:

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S.No Police Station Crime No.

Section Amount No. of Victims Stage Salem City Ammapet PS 397/2003 406, 420 IPC Rs.4,00,000/- PT Non appearance of accused during trial from 27.09.2018, NBW pending.

Salem District DCB 01/2004 420 IPC Rs.3,10,000/- PT Non appearance of accused for trial, from 08.08.2006.

Salem City CCB 19/2006 420, 109, 511 IPC Rs.55,000/- PT Non appearance of accused for trial, form 17.12.2018.

Salem District Valapady PS 570/2017 364 (A), 343 r/w.212 IPC Rs.20,00,000/- 5 1⁄2 sovereign gold UI Case property recovered & to be charge sheeted.

Kallakurich i PS 46/2021 457, 380 IPC Rs.17,00,000 3 soverign gold ring Rs.60,000/- Silver chain - 2 Rs.10,000/- Total Rs.17,70,000/- UI Case property Rs.2,00,000/- yet to be recovered from accused.

Kandali PS 251/2021 420 IPC Rs.15,00,000/- UI The accused is absconding.

Vadapalani PS 706/2021 406, 420 IPC 1)Mahindra Xylo D4 NSDI TN 14 K 2918 2)TN 25 AT 6666 Toyota Innova 3)TN 11 5627 Toyota Innova UI Case property yet to be recovered.

Non appearance for investigation.

Salem City CCB 22/2023 420, 294(b) & 506(ii) IPC Rs.13,00,000/- UI The accused is 2/ 5

S.No Police Station Crime No.

Section Amount No. of Victims Stage absconding.

Salem City CCB 24/2023 419, 420, 109 & 506(ii) IPC Rs.13,98,000/- UI Case property yet to be recovered.

4.Learned counsel for the Petitioner would contend that he is ready to deposit a sum of Rs.5,00,000/- (Rupees five lakh) to the credit of this case and seeks anticipatory bail to the Petitioner.

5.Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl. Side) appearing for the Respondent Police. 6.Taking into consideration the submissions made by the learned Government Advocate (Crl. Side) that more than Rs.21,00,000/- is alleged to have been cheated by this Petitioner under the guise of getting job in Government to the Defacto Complainant and the very same Petitioner is also arrayed as one of the accused in other Crime No.24 of 2023, at the instance of the Defacto Complaint, and further it is anticipated that some more persons could also come forward, who are cheated in the hands of the Petitioner and considering the Petitioner having committed similar offence as stated in the 3/ 5

above tabular column and the enquiry is at the stage of preliminary investigation and also apprehend that the Petitioner may tamper the witness or tamper the evidence, I am not inclined to grant anticipatory bail to the Petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 29.09.2023 (2/2) sai 4/ 5

RMT.TEEKAA RAMAN, J.

sai Pre-delivery Order in Dated 29.09.2023 (2/2) 5/ 5