Ganesha Pandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Crl.O.P(MD) Nos.18583, 18601, 18617 and 18607 of 2023 1 GANESHA PANDIAN 2 RAJESHSWARI ... PETITIONERS / ACCUSED Nos. 2 & 3 ...PETITIONERS/ACCUSED NOS. 3 & 4 in CRL OP (MD)No. 18601 of 2023 RAJESHSWARI ...PETITIONER/ACCUSED NO.2 IN CRL OP(MD)No.18617 OF 2023 1 HARINI 2 GANESHA PANDIAN 3 RAJESHSWARI ...PETITIONERS/ACCUSED NOS. 4,5 & 6 IN CRL OP(MD)No. 18607 OF 2023 Vs THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADURAI DISTRICT.
(CRIME NO.207,210, 205 & 206 OF 2023) ... RESPONDENT / COMPLAINANT IN ALL PETITIONS 1/4
IN ALL PETITIONS For Petitioner : M/S.RAMASAMY.S Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public prosecutor For Intervener : MR.POORNACHANDRAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. COMMON PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NOS. 207,210, 205 & 206 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioners in Crl.O.P(MD) Nos.18583, 18601 and 18607, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 406, 420 and 506(i) of IPC in Crime Nos.207, 210 and 206 of 2023, and the petitioner in Crl.O.P(MD) No.18617 of 2023, who apprehends arrest at the hands of the respondent Police for the offences under Sections 294(b), 420 and 506(i) of IPC in Crime No.205 of 2023, seek anticipatory bail.
2.The case of the prosecution is that the first accused in all the matters made a false advertisement in the OLX application, stating that there is a lease of house at Aanaiyur, Madurai. On seeing the above said advertisement, the defacto complainant in all matters approached the first accused for lease of the house. After that, the first 2/4
accused in all matters executed a lease agreement deed with the defacto complainants. After receiving the money, they neither returned the money nor handed over the possession of the house. Hence, the defacto complainants in all matters preferred a complaint before the respondent Police.
3. The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Further, the entire allegation is made against the first and second accused and no specific allegation is made against these petitioners in all the matters. Hence, he prays for grant of anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is yet to be completed.
5. The learned counsel for the defacto complainants would submit that the petitioners in collusion with the other accused person, collected huge amount from several persons, that was not returned or lease deed was not executed in favour of the defacto complainants. Further, the said property was also attached with the Bank. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case and also considering the fact that the petitioners cheated several persons by posting one property in OLX application and since money involved in this case is Rs.1,15,00,000/- (Rupees One 3/4
Crore and Fifteen Lakhs only), I am not inclined to grant anticipatory bail to the petitioners.
7.Accordingly, these Criminal Original Petitions are dismissed. sd/- 04/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADURAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+4 CC to M/s.S.RAMASAMY, Advocate ( SR-260[I] to 263(I)dated 05/01/2024 )
ORDER
IN Crl.O.P(MD) Nos.18583, 18601, 18617 and 18607 of 2023 Date :04/01/2024 PKP/JGB/SAR- /12.01.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4