A.Prabhakaran v. State Rep By

P.DHANABAL,J.

The petitioner/A6, who apprehends arrest for the alleged offences punishable under Sections 465, 468, 471, 419 and 420 of the IPC in Crime No.64 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused, under the guise of doing real estate business, had swindled money to the tune of Rs.85,00,000/- (Rupees Eighty Five Lakhs Only) from the defacto complainant. Hence the case.

3. Learned counsel appearing for the petitioner/A6 would submit that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in this case. He further submitted that the first and second accused only had executed the document and gave a Power of Attorney to the defacto complainant; that the petitioner/A6 is an advocate, and that 1/5

he was only given a legal opinion. He further submitted that the petitioner is a law-abiding citizen; and that he is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court, and therefore, he prayed to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there are six accused in this case; that the petitioner is arrayed as A6; that the petitioner is an advocate who had not only given a legal opinion to the disputed land and also received a sum of Rs.17,30,000/- from the first accused. He further submitted that the first and second accused are still absconding; and that the investigation is still pending. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners.

5.Learned Counsel for the intervenor/defacto complainant reiterated the submissions made by the learned Government Advocate (Crl.Side) for the respondent police.

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6. Heard both sides and perused the materials available on record.

7. Considering the submissions made by both sides and considering that the investigation has not yet completed and the gravity of the offence, this Court is declining to grant anticipatory bail to the petitioner at this stage. Accordingly, this Criminal Original Petition stands dismissed.

28.08.2024 dk Copy to 1.The Judicial Magistrate No.I Poonamallee.

2.The Inspector of Police Central Crime Branch, EDF-I Avadi, Chennai.

3.The Public Prosecutor High Court of Madras Chennai - 600 104.

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P.DHANABAL, J.

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