Santhanam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Santhanam ... Petitioner/Accused No.1 Vs The Inspector of Police, City Crime Branch, Trichy City.

Crime No. 38/2018.

... Respondent/Complainant For Petitioner : Mr.M.Sridharan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 38 of 2018 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 21.07.2024 for the offences punishable under Sections 406, 420, 465, 477, 294(b), 506(i), 120(b) I.P.C., in crime No.38 of 2018 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner is running a Gas Agency and he introduced the defacto complainant has invested to the credit of the said Gas Agency. Accordingly, the defacto complainant invested a total sum of Rs.97,00,000/- to the petitioner's Company and thereafter, they did not return the money and thereby cheated the defacto complainant 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence he may be released on bail.

4.The learned Government Advocate (Crl. side) would submit that the petitioner was already obtained anticipatory bail in Crl.O.P.(MD)No.19108 of 2018 by this Court on condition that the petitioner shall deposit a sum of Rs.12,00,000/- to the credit of Crime No.38 of 2018 with in a period of four weeks. Since the petitioner did not deposit the said amount, he has filed a petition for extension in Crl.M.P.(MD) No.5568 of 2019 and two weeks time is granted and the petitioner is directed to deposit a sum of Rs.6,00,000/- on or before 12.07.2019. But, he did not deposit the said amount and he has filed a petition for cancellation of anticipatory bail Crl. M.P. (MD)No.1170 of 2024 in Crl.O.P.(MD)No.19108 of 2018 and the same was allowed by this Court on 26.03.2024 and the petitioner was arrested and remanded to judicial 2/4

custody on 21.07.2024. The petitioner is not complied with the condition as directed by this Court and hence, he is not entitled to grant bail.

5. By way of reply, the learned counsel for the petitioner would submit that the petitioner instead of deposit the money to the credit of Crime number, he has given a sum of Rs.6,00,000/- to the defacto complainant and thereafter, the defacto complainant did not deposit the amount to the crime number. the petitioner was arrested and remanded to judicial custody on 21.07.2024 and prayed the petitioner to be enlarged on bail.

6.Considering the facts and circumstances of the case and also considering the submissions made on either side and the nature of offence, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 30/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS-I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, TRICHY CITY.

2.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12136 of 2024 Date :30/07/2024 RK/VR (09/08/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4