Mani v. The State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.284 of 2022 MANI [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, SALEM DISTRICT.

CR NO.9/2021, For Petitioner : M/S.R.JOHN SATHYAN Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 28.11.2021 for the offences under Sections 120-B, 420 IPC, in Crime No.9 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant completed B.E. Mechanical Engineering in the year 2017 and his father is working as a Mechanic in the Bus Depot at Neyveli Lignite Corporation. In the month of December 2018, the father of the defacto complainant got acquaintance with one Mayilvaganan through whom they met one Selvakumar/A2 and the petitioner/A1 who was the personal Assistant of the then Chief Minister of Tamil Nadu. The said Selvakumar and the petitioner assured to secure a job for the defacto complainant in the State Transport Corporation as an Assistant Engineer and demanded a sum of Rs.25 lakhs following which, the defacto complainant paid a sum of Rs.17 lakhs to them on various dates and after the announcement of 2021 election results, the said Selvakumar returned a sum of Rs.4 lakhs to the defacto complainant and assured him that he would get the balance amount of Rs.13 lakhs from the petitioner and return the same to the defacto complainant. Since the balance amount was not returned, the present complaint was lodged.

3. The learned counsel for the petitioner submitted that the petitioner did not receive any amount from the defacto complainant and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 55 days from 28.11.2021. He would further submit that the investigation has been completed and the charge sheet has also been filed. Hence, he would pray for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would raise strong objection stating that the said Selvakumar/A2 is the close associate of the petitioner/A1. The defacto complainant has paid a sum of Rs.10 lakhs to the said Selvakumar by way of demand draft and the balance amount has been paid by cash and that the petitioner and the Selvakumar have shared the amount of Rs.

17 lakhs received from the defacto complainant. Further, the accused received a sum of Rs.1,39,50,000/- from 14 victims on the promise of securing Government jobs and thereafter, they have returned a sum of Rs.82 lakhs to the victims and still there is balance amount to be returned to the victims. Hence, if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence.

5.On seeing the nature of allegation levelled against the petitioner and there is possibility of the petitioner getting abscond and tampering the evidence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, SALEM 2 THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, SALEM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.JOHN SATHYAN Advocate on payment of necessary charges CRL OP.284/2022 Date :24/01/2022 RVR 04/02/2022