Anticipatory bail sought by three accused in a case of alleged online investment fraud involving about Rs.4 crores from multiple investors under Sections 406, 420 r/w 34 IPC. The court noted the gravity of the offence, the accused's failure to honour an assurance to settle, and their absconding despite Section 41(A) notices, and dismissed the petition.
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Crl.O.P.No. 5023 of 2024
Crl.O.P.No. 5023 of 2024
T.V.THAMILSELVI, J.
The petitioners, who apprehends arrest in the hands of respondent
police for the alleged offence under Section 406, 420 r/w 34 of I.P.C. in Crime No.246 of 2023 on the file of the respondent police, seek bail.
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Crl.O.P.No. 5023 of 2024
Crl.O.P.No. 5023 of 2024
a sum of Rs.5,59,66,000/- through one Karthik from 28 investors and repaid a sum of Rs.8,39,96,2777/- being principal as well as interest during the period from 01.01.2020 to 30.12.2020 to him, thereby he settled entire amount. A1 has further stated that he had also entered into an agreement ot settle the investor amount of Rs.2,89,48,127/- and the old investment of Rs.86,00,000/- and the amount of Rs.40,00,000/- received on 24.01.2021 within two years and that since he has not returned the money as per the agreement, the defacto complainant and others scolded him, for which, he has given a complaint, for which C.S.R.No.390 of 2021 was registered. Subsequently, as per the court direction, a criminal case was registered against A1 and as per 41(A) Cr.P.C. notice, he had appeared before I.O. and given the above statement. Now, anticipating arrest by the respondent police in the above criminal case, A1 to A3 were absconded and they have moved this petition seeking for anticipatory bail. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
submissions made by both counsel and also on considering the gravity of Page 3 of 5
Crl.O.P.No. 5023 of 2024
offence committed by the petitioners, when notice as per 41(A) of Cr.P.C. was issued, he assured to settle the issue, but so far not complied and now A1 to A3 are absconding, and investigation is at the initial stage, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.
22.07.2024
rpp
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Crl.O.P.No. 5023 of 2024
T.V.THAMILSELVI, J.
rpp
Crl.O.P.No. 5023 of 2024
22.07.2024
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest for cheating and criminal breach of trust in Crime No.246 of 2023.
2 provisions across 2 enactments
Petitioners (A1 to A3)
Respondent Police
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
