GUNASEKARAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 10/11/2022 for the alleged offence under Ss. 420, 406, 294(b) and 506(i) r/w Sec.34 of I.P.C. in Crime No.32 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of prosecution is that the petitioner herein is alleged to have entered into sale agreement with the defacto complainant to sell the property, but later the defacto complainant found that he is not the owner of property. Accordingly, he refused to execute the sale deed. When he demanded to repay the amount, there was a dispute between them, thereby he filed a suit in O.S.No. 158 of 2022 seeking the prayer not to disturb and not to take any action with regard to the suit property and thereafter, the F.I.R. was registered against the petitioner.

(3.) The learned counsel appearing for petitioner submitted that already he has got proper permission from the legal heirs of Pattabiraman and he attempted to sell he property, the defacto complainant proposed to purchase the same, thereby a sale agreement was executed and subsequently, he refused to comply the terms of sale agreement and demanded to repay the amount. Thereafter, he has filed a suit and also gave a false complaint against the petitioner. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 35 days from 10/11/2022. Hence, he prayed to grant bail to the petitioner.