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Madras High CourtCRL OP/28741/2022dismissed

S.Balu @ Divyanathan v. State By

2022-12-21Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI,J.

The petitioners, who apprehends arrest for the alleged offence under Sections 420, 294(b) & 506(ii) IPC in Cr.No.266 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant had purchased a property worth about Rs.1,24,00,000/- and the said property was sold to one Jagan, who had been introduced by A1. At the time of registration, the defacto complainant received only a sum of Rs.2,00,000/- and thereafter, the balance amount was not paid to the defacto complainant. When the same was questioned by the defacto complainant, A1 threatened him with filthy language. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He would submit that the petitioners are no way connected with the property belongs to the defacto complainant. Hence prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that the defacto complainant had purchased a property worth about Rs.1,24,00,000/- and the said property was sold to one Jagan, who had been introduced by A1. At the time of registration, the defacto complainant received only a sum of Rs.2,00,000/- and thereafter, the balance amount was not paid to the defacto complainant. When the same was questioned by the defacto complainant, A1 threatened him with filthy language. He would submit that as per the F.I.R, the petitioners have cheated to the tune of Rs.59,00,000/-. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that the petitioners have cheated the defacto complainant by not repaying the balance amount, which requires a detailed investigation and this court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. 21.12.2022

anu T.V.THAMILSELVI, J.

anu 21.12.2022