The central legal point established in the judgment is the requirement to prove mens rea and dishonest intention in cases of cheating, and the gravity of the alleged offences in determining the grant of anticipatory bail.

ORDER :

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.15 of 2023 pending investigation before the respondent police.

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.232 of 2023 pending investigation before the respondent police.

The accused C. Alagappan and his wife A.L. Nachal in Crime No.15 of 2023 registered by the respondent, Inspector of Police, District Crime Branch, Tiruvannamalai District, under Sections 420 and 506(i) IPC have filed Crl.O.P.No.22333 of 2023 seek anticipatory bail.

2. The accused C. Alagappan, and his wife A.L. Nachal, and his son A.Alagappan alias Siva and daughter-in-law Arthi Alagappan and his brother-in-law K.M. Baskar and driver G. Sathish Kumar / A1 to A6 in Crime No.232 of 2023 registered by the respondent, Assistant Commissioner of Police, Central Crime Branch, EDF – I Wing, Vepery, Chennai, under Sections 420, 409, 506(i) r/w Sections 120(B) and 34 IPC have filed Crl.O.P.No.24313 of 2023, seek anticipatory bail.

3. Even though both the Criminal Original Petitions relate to separate First Information Reports registered by two separate Investigating Agencies, since to a large extent, the facts overlap and since both the FIRs had been registered on complaints lodged by the same defacto complainant, Gautami Tadimalla and the nature of the complaints lodged against the accused to a large extent contained the same nature of allegations though it is not quite prudent, in this case, taking into consideration the similarities in the genesis of the complaint, a common order is passed.

4. It is also to be noted that in both Criminal Original Petitions, the defacto complainant had filed applications seeking to intervene and to be heard before orders are passed. It is also to be mentioned that the learned counsel on behalf of the petitioners in both the Criminal Original Petitions and the learned Government Advocate (Criminal Side) and also the learned Senior Counsel for the intervenor had addressed common arguments in both the Criminal Original Petition.

Crl.O.P.No.22333 of 2023 (Case of the Prosecution):-

5.It is the case of the prosecution that the defacto complainant, Gautami Tadimalla had stated in her complaint that the 1st accused, C. Alagappan had cheated her to an extent of Rs.55,00,000/- which amount had been given by her to him in March 2019 to purchase agricultural landed property at Ayngunam Village, Kilpennathur Taluk, Tiruvannamalai District. She had appointed the 1st accused C. Alagappan as her power of attorney by a registered power of attorney Document No.1235 of 2015 to effect sale of another property. It had been further stated by her that the 1st accused had misused the general power of attorney and had purchased the property at Tiruvannamalai District in the joint names of the 2nd accused / his wife and defacto complainant. It was under those circumstances that the complaint had been alleged before the respondent, Inspector of Police, District Crime Branch, Tiruvannamalai District and FIR in Crime No.15 of 2023 had been registered under Sections 420 and 506(i) IPC.

Crl.O.P.No.24313 of 2023 (Case of the Prosecution):-

6. It is the case of the prosecution that the defacto complainant, Gautami Tadimalla had filed a complaint against the accused alleging that during the year 2004 when she had been afflicted by cancer, the 1st accused C. Alagappan came into her acquittance and represented to her that he would assist her in selling properties owned by her in and around Tamil Nadu and suggested that she could, in the alternate, invest the amounts in some other properties to avoid capital gains. It had been stated that she had executed a power of attorney in favour of the 1st accused in Document No.1126 of 2020 dated 17.06.2020 to dealt with her portion of the property at Kottaiyur Village, Thiruvallur District. It had been further stated by her tha