The Madras High Court has rejected the anticipatory bail plea of C. Natesan, formerly of Anubhav Group, and his wife in a case relating to alleged breach of trust and cheating a person to the tune of about Rs. 45 lakh.
Justice R. Subbbiah passed the order on a petition by Mr. Natesan and his wife, C.S. Meenakshi. He said the complainant in the case had produced evidence to show that he transferred the sum on various dates through demand drafts and cheques to Mrs. Meenakshi.
The prosecution case was that the complainant, Manikka Thyagarajan was an Overseas Citizen of India (OCI) and was living in Canada for the past 22 years. During his trip to India in 2007, the two made a false promise to him that they were planning to float a real estate company and were looking for an NRI Director. Mr. Natesan, it was alleged, had told Mr. Thyagarajan that he had settled all his dues in respect of Anubhav group of companies of which he was the Managing Director. Mr. Thyagarajan gave the sum, but learnt that the two had misappropriated the sum for their personal gain. He preferred a complaint and police registered a case.
The petitioners alleged that Mr.Thyagarajan had filed the complaint with false allegations.
Dismissing the petition, Mr.Justice Subbiah said that according to the petitioners, the sum was invested in the company in the name of the complainant. But absolutely, no document was produced to show that the amount was transferred to the company then and there, except a consolidated receipt. According to the Government Advocate (Criminal side), investigation so far revealed that there was a prima facie case to examine the matter further. Hence, it was not a fit case to grant anticipatory bail. If the relief is provided, there is every possibility of the accused tampering witnesses, the court said.