← Library
Madras High CourtCRL OP/29122/2022dismissed

Sathiyamoorthy v. State By The Inspector Of Police

2022-12-16Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 120(B), 420 of IPC and Section 5 of Tamilnadu Protection of Interest of Depositors (in finance Establishment) Act 1987 in Crime No.63 of 2022, seek anticipatory bail.

2. The defacto complainant has given a complaint, which was registered as First Information Report against the petitioners herein, alleging that the petitioners has breached his trust and also cheated him.

3. One Prasanth is the complainant/ defacto complainant.The case of the prosecution is that one Jothi(A1) is running J.P.Star Agencies for the purpose of conducting Deewali Chit. His wife is arrayed as A2, his brother as A3 and his father as A4. The Accused Nos.5 to 7 are the workers under A1. The said complainant was a subscriber of the said Deewali Chit and he paid Rs.1,000/- per month for 12 months. After the

period promised, gifts and other things were not handed over to him. Therefore, defacto complainant preferred a private complaint against the petitioners for the offences mentioned above.

4. The learned counsel appearing for the petitioners submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl.Side) submits that the petitioners herein along with other accused conducted chit and cheated the public. They swindled the public amount nearly about Rs.10 Crores. He has also further stated that investigation agency is still receiving complaints. He also submits that if anticipatory bail is granted to the petitioners, then there is possibility of tampering the witnesses, hence, he opposed for grant of anticipatory bail to the petitioners.

6. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.

7. Taking note of the objection raised by the learned Government Advocate (Criminal Side) and considering the fact that investigation agency is still receiving complaints, this Court is not inclined to grant the relief sought for in this petition. Consequently, this Criminal Original Petition for anticipatory bail stands dismissed. 16.12.2022 jai

T.V.THAMILSELVI, J.

jai 16.12.2022