B. Selvakumar v. The State Rep By

Orders Reserved on 21.09.2023 Orders Pronounced on RMT. TEEKAA RAMAN.,J.

The petitioners/accused who are arrayed as A.1 to A.4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120B, 406, 454 and 380 IPC registered in Cr.No.682 of 2023, seeks anticipatory bail.

2. The case of prosecution is that the defacto complainant viz. Ashok lodged a complaint before the respondent police stating that the 1st petitioner and the complainant jointly purchased the property to the extent of 1420 sq.ft. and 504 sq.ft land was allotted to the complainant. The petitioners alleged to have entered into the house of the defacto complainant and stolen the catering vessels and equipments from the house.

3. The learned counsel for the petitioner submitted that initially the 1st petitioner and the defacto complainant were jointly doing catering business and thereafter they were doing separately. In the year 2022, the 1/4

defacto complainant had lodged a false complaint before the respondent police and the same was closed. Now, the defacto complainant had lodged a false and frivolous complaint against the petitioners with an ulterior motive to vacate them from their premises.

4. The learned Government Advocate (crl.side) would contend that the earlier anticipatory bail petition in Crl.OP No.17447 of 2023 was dismissed by this Court on 09.08.2023.

5. Heard the learned counsel for the petitioners as well as the Government Advocate (crl.side) and perused the records.

6. On 13.09.2023, the learned counsel for the petitioners represented that he has instructed the petitioners to return the cooking vessels to the defacto complainant in the presence of both the counsel and file the list of articles which were returned to the defacto complainant. This order was passed as early as on 13.09.2023.

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7. The learned counsel for the intervenor would contend that the cooking vessels have not yet been returned by the petitioners to the defacto complainant.

8. After hearing the submissions of the rival parties and also the earlier order of this court, I find that there is no change of circumstances in this case and hence I am not inclined to grant anticipatory bail to the petitioners for the present, with a liberty to file fresh application after passage of time or change in circumstances.

9. Accordingly, this Criminal Original Petition is dismissed. rgr 3/4

RMT. TEEKAA RAMAN.,J.

rgr order in 4/4