Additional Sessions Judge R V Tamhanekar on Saturday said the accused, Jayakumar Gopal Immanuel, took the money from the businessman while promising to sell him flood-damaged cars, but he neither delivered the vehicles nor returned the money. Hence, he does not deserve bail at this stage.
According to the prosecution, the accused was arrested by Thane Police last month under Indian Penal Code Sections 420 (cheating) and 34 (common intention). His two associates, Shaquib Shaikh and Rashid, who are also accused in the case, are yet to be arrested.
Immanuel promised to sell cars damaged in the 2018 Kerala floods to a glass merchant in Thane city. The accused and his aides allegedly took Rs 26 lakh from the businessman, but did not deliver the cars to him, the prosecution said.
Additional Public Prosecutor Ujjwala Moholkar opposed Immanuel’s plea, saying he did not cooperate during probe due to which the amount and vehicles could not be recovered.
She also contended that before arrest, the accused allegedly tried to commit suicide by consuming sleeping pills.
She submitted that the accused may threaten the prosecution witnesses and informants in the case, and if released on bail, he may cheat other persons also.
Moholkar further said that since the accused is a resident of another state, there are chances he may not come back to face trial.
However, the accused cited several reasons for seeking bail, including his ailments and that of his father.
The defence counsel said the present case is related to business transaction of civil nature. Hence, the police machinery cannot be used for the recovery of money.
After hearing both the sides, the judge said, “It is true that when there is transaction of civil nature, police machinery cannot be used for recovery. But, this is a clear case of cheating.”
“The ground regarding the accused being resident of another state cannot be entertained for rejecting bail, but in the present case active investigation is going on. Till today, nothing has been recovered out of the cheating amount and the co-accused are yet not arrested. So, the accused cannot be released on bail at this preliminary stage,” the judge said.