1. This Criminal Original Petition is filed by the petitioner/A2 in Crime No.245 of 2024 seeking anticipatory bail, on the file of Vangal Police Station, Karur District.
2. The said F.I.R came to be registered on the complaint given by one Prakash alleging that he is running Electronic and Electrical business in the name of Sumathy Traders and Sumathy & Co at Namakkal and Paramathivelur. The petitioner Mr.Sekar and his brother Mr.M.R.Vijayabhaskar are known to him for a long time and they have financial transactions between them. While, Mr.M.R.Vijayabhaskar was Transport Minster, the complainant used to supply electrical goods to the Government Contractors who were benami of the Minster. Further, he has also lend Rs.10 crores to the petitioner and his brother, the Former Minster. From the month of June 2023, they stopped paying the interest of Rs.15 lakhs per month and when he met them and demanded his money back, he was abused and also threatened to convey to them the 22 acres of land which worth about Rs.100 crores. Fearing forcible transfer of the property in favour of one Praveen, he executed settlement deed in favour of his Shobana, but retained the original settlement deed with him fearing the accused persons may misuse the documents. On 04.04.2024 Mr.M.R.Vijayabhaskar along with Praveen and his henchmen came to his house and demanded the original settlement deed. They abducted him to his brother house and made an illegal search of the house for the original document. He was forced to admit the liability in the case under investigation by DVAC. By producing false Non-Traceable Certificate, the accused persons have got the property which was settled in favour of his daughter, transferred to the name of his henchmen. Hence, the complaint against Mr.M.R.Vijayabhaskar, Former Transport Minster, his brother Mr.Sekar (the petitioner herein) and Praveen for the offences under Section 147, 294(b), 323, 324, 365 and 506(2) came to be registered on 22.06.2024 in F.I.R No.245 of 2024.
3. According to the petitioner, the petitioner is no way connected with the sale deed executed by Shobana nor the alleged abduction. He never threatened the complainant Prakash or his daughter Shobana and also, he states that he has not received any loan from the complainant. Without any iota of evidence, case has been registered against him due to political influence. The complaint which is full of concoction and fabrication been taken up for investigation to tarnish the image of the petitioner and his brother. Contending that, the petitioner is ready to cooperate with the investigation and also produce sufficient sureties, seeks for anticipatory bail.
4. The Learned Government Advocate (Crl.Side) for the respondent submits that specific overt act has been attributed against this petitioner/A2 regarding criminal intimidating and abduction. Further, the investigation has led to discovery of fact that the sale deed executed by Shobana was not on freewill or for due consideration. By production of fabricated Non-Traceable Certificate, the sale deed been registered and the case is under investigation by C.B.C.I.D in Crime No.1 of 2024 on the complaint given by Sub-Registrar Office. Though the petitioner had participated in the enquiry, he has not disclosed entire facts. Particularly, the alleged involvement in pressurising the complainant Prakash to transfer the property in the name of his daughter Shobana and in turn get the property registered in favour of their close associates.
5. The complainant by way of an intervening application, is before this Court emphasising that due to political influence and muscle power, the defacto complainant been subjected to continuous threat. His daughter was compelled to execute the sale deed at Karur and at the same time, records were created as if, she had given a complaint to the police at Villivakkam to get Non- Traceable Certificate of the settlement deed which is very well in possession of the defacto complainant. Since the petitioner is capable of distorting evidence and threaten the witnesses, the petition for anticipatory bail has to be dismissed.
6. On perusal of the record, this Court finds that the complaint of Prakash which is under investigation in Crime No.245 of 2024 by Vangal Police is only part of the crime disclosed by one of the partner of the crime. The larger issue under investigation is regarding the property purchased in the name of Prakesh during the year 2020-2021, while the Former Minster and complainant Prakash were in close associates. The subsequent complaints, transfer of property in the name of Shobana by Prakash and Shobana to others, all appears to be an attempt to screen the property. Unless a composite investigation conducted on the complaints along with the investigation of the disproportionate assets case mentioned by the complainant in Crime No.245 of 2024, the real fact will not come to light. For the said purpose, custodial interrogation of the petitioner is essential.
7. Hence, the petition seeking anticipatory bail stands dismissed. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.
