C Srinath v. The State By

C.V.KARTHIKEYAN, J.

The petitioner/ accused who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 120B, 420, 468 and 471 of IPC in Crime No.696 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the husband of the defacto complainant was working at Muscat. The defacto complainant wanted to get a seat for her son in B.E. (Computer Science) in PSG College of Technology at Coimbatore. The defacto complainant is a resident of Sivaganga. She approached the fourth respondent, who is a resident of Sivaganga. According to the learned counsel he is also a relative of the defacto complainant. The fourth accused introduced the third accused, who is a resident at Chennai. The third accused then introduced the second accused, who is also a resident at Chennai. The second accused then introduced the first accused, the present petitioner, who is a resident at Coimbatore. It was held that a sum of Rs.27/- lakhs must be paid and

then the son would get admission in B.E. (Computer Science) in PSG College of Technology at Coimbatore. The defacto complainant had transferred that amount to the account of the present petitioner/A-1.

3. The learned counsel for the petitioner stated that the amount was so transferred only because the defacto complainant was apprehensive of travelling from Sivaganga to Coimbatore carrying Rs.27/- lakhs in cash. This amount which had been deposited in the account of the first accused, had been withdrawn by the first accused. It is contended that it had been returned back to the defacto complainant. It is further contended that the first accused had received a sum of Rs.1,35,000/- towards tax which he had incurred owing to deposit of Rs.27/- lakhs in his bank account.

4. However, the learned Government Advocate (Crl. Side) disputed all these contentions and pointed out that the investigation revealed that the accused persons had also prepared forged receipts said to have been issued by PSG College of Technology at Coimbatore for

specifically admitting the son of the defacto complainant in B.E. (Computer Science). One of the receipt is also for accommodation of four individuals and for non vegetarian mess for hostel charges. All these documents are said to be forged. This gave an impression to the defacto complainant that actually admission had been obtained and roll number had also been assigned to the son of the defacto complainant. The entire receipts are forged and fake, which necessitated the complaint to be lodged and the First Information Report to be registered.

5. The learned counsel for the petitioner stated that there is yet another allegation in the First Information Report that the petitioner had taken away the certificates of the son of the defacto complainant and contented that this is not possible since the son is now studying in another college.

6. Be that as it may, the issue is about direct transfer of Rs.27/- lakhs to the account of the petitioner herein and the production of four separate receipts which are in the name of PSG College of Technology at

Coimbatore assigning a roll number to the son of the defacto complainant giving an impression that admission had been obtained.

7. The entire issue will have to be investigated. The role of each one of the accused will have to be fixed and the respondents will have to determine the trail of money of Rs.27/-lakhs. Since the investigation is at an extremely nascent stage, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

13.12.2023 vsg C.V.KARTHIKEYAN , J.

vsg 13.12.2023