The court dismissed a Criminal Original Petition seeking anticipatory bail. The petitioner was accused of receiving a substantial portion of stolen funds in a case involving an alleged fraud and cheating conviction under the Indian Penal Code.
Anticipatory bail denied; Criminal Original Petition dismissed.
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Crl.O.P.No.6767 of 2023
Crl.O.P.No.6767 of 2023 C.V.KARTHIKEYAN , J.
The petitioner seeks anticipatory bail in Crime No.571 of 2022,
registered under Sections 279, 337, 406 and 420 IPC.
2.It is stated that the defacto complainant had entrusted a sum of Rs.20,94,600/- to A1, who is the Driver of the lorry bearing registration No.KL49L9990 of KCM Transport, to hand it over to his brother/defacto complainant at Kerala. The lorry was to proceed from Bangalore to Kerala. It is stated that A1 had created an accident, in the occurrence of which, he stated that the amount had been lost. However, investigation revealed that A1, A2 & A3 had facilitated the accident which had occurred and it is also stated that in the status report that out of the sum of Rs.20,94,600/-, a sum of Rs.5,00,000/- had been recovered and the other accused/A1, A2 & A3 have very specifically mentioned the name of the petitioner as being the recipient of the balance amount of Rs.15,00,000/-.
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Crl.O.P.No.6767 of 2023
C.V.KARTHIKEYAN, J. sli
3.The learned counsel for the petitioner however stated that the petitioner was not present in the scene of occurrence at the time of the incident and stated that he was not directly involved. He might not be directly involved in the incident, but indirectly he might have been involved. To find out the actual recipient of the larger amount stolen, namely, Rs.15,00,000/- and odd, investigation will have to be done.
sli 20.11.2023
Crl.O.P.No.6767 of 2023
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2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a cheque-related criminal case.
Whether the investigation findings pointing to the petitioner as a recipient of funds require further inquiry before granting bail.
4 provisions across 4 enactments
C.V.KARTHIKEYAN
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
