Selva Kumar v. The State Rep By

Orders reserved on 25.09.2023 Orders pronounced on 29.09.2023 RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 417 & 506(i) of IPC in Crime No.52 of 2021 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that during the year 2018, the Defacto Complainant paid a sum of Rs.16,12,000/-to the Petitioner's partnership company viz., "Trade on Impex" to supply 2 container of rice to one Kumar, JALAP International Company at Singapore. But the Petitioner herein neither supplied rice nor returned the money and cheated the Defacto Complainant. Hence the Complaint.

3.The case was registered in the above said crime number against four person. One of the accused viz., Pradeep Prabhu filed Petition for quashing the FIR in Crl.OP.No.1210 of 2022 and submitted that his portion of 1/ 4

amount of Rs.8,00,000/- was paid by way of three cheques and hence requested to close the complaint, recording the same, the case against the said Pradeep Prabhu, Petitioner in Crl.OP.No.1210 of 2023 was quashed by this Court on 03.07.2023.

4.Learned counsel for the Petitioner would submit that the Defacto Complainant viz., C.Kumar has supplied rice for export to the Petitioner herein and four containers of rice has been exported to Singapore and the Person in Singapore, who is also Kumar has not paid the amount to the Petitioner and hence the Petitioner could not paid the amount to the Defacto Complainant. 5.Learned Government Advocate (Crl. Side) would submit that the matter is at the stage of preliminary investigation and vehemently opposed to grant of anticipatory bail to the Petitioner. 6.Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl. Side) appearing for the Respondent Police. 7.After hearing the averments made by the learned counsel on either 2/ 4

sides and also the connected matter placed before this Court, I find that the matter is at the stage of preliminary investigation and based on the nature and gravity of the offence and the fact that the amount paid by the Defacto Complainant has not been repaid by the Petitioner, I am not inclined to grant anticipatory bail to the Petitioner.

8.Accordingly, this Criminal Original Petition is dismissed. 29.09.2023 sai 3/ 4

RMT.TEEKAA RAMAN, J.

sai Pre-delivery Order in Dated 29.09.2023 4/ 4