G. Sugumar v. Inspector Of Police,

Crl.O.P.Nos.26318 and 28041 of 2023 C.V.KARTHIKEYAN,J.

The petitioner/A2 in Cr.No.14 of 2023 registered by the respondent police for the offence punishable under Sections 419, 420 and 506(ii) of IPC seeks anticipatory bail. A1 had actually filed Crl.OP.No.26318 of 2023 against the son of the present petitioner/A2. A1 had been arrested. Therefore, Crl.OP.No.26318 of 2023 stands dismissed.

2. In so far as this petitioner is concerned , it is stated by the learned counsel that he had no role in entire allegations raised by the defacto complainant and he has been arrayed as accused, only because, he is father of A1. It is the case of the prosecution that the defacto complainant had originally given a sum of Rs.9.5 lakhs to A1 for securing job contract for business purposes. It is stated that subsequently another sum of Rs.11,00,000/- had been paid to A3 who had introduced

by A1. The total amount received by the accused persons as 20.5 lakhs. There has been no recovery. Incidentally, A3 is a Police Constable and he is still absconding. It is stated by the learned counsel that this petitioner/A2 had not received any amount. This is a statement which has to be further verified in investigation. That can be done only when the petitioner is secured and can never be established when the petitioner is not within the hold of the respondent.

3. Taking all the factors into consideration, particularly that there is no return of any money, out of sum of Rs.20.5 lakhs and A3 is also absconding, this Court is not inclined to grant anticipatory bail to the petitioner/A2.

4. The respondent/ Inspector of police, District Crime Branch (DCB), Kanchipuram is directed to report about securing of A3 into custody before this Court. The Inspector of Police to appear before this Court at 2.15p.m on 29.01.2024 , on which date, it must be informed that A3 had been secured.

5. With the above directions, this Criminal Original Petition Crl.OP.No.28041 stands dismissed.

6. List this matter again under the caption "for reporting compliance" on 29.01.2024 at 2.15 p.m., 04.01.2024 Vv

C.V.KARTHIKEYAN,J.

Vv Crl.O.P.Nos.26318 and 28041 of 2023 04.01.2024