S.Manikandan v. State Rep.By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 18.11.2022 for the alleged offence under Sections 420, 465, 467, 468, 471 & 120-B of I.P.C. in Crime No.242 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that by using forged certificate of registration, A1 started a Rural and Agricultural Farmers Cooperative Bank since September 2021 and made the public to deposit with them and cheated them. This petitioner, Secretary of the said Bank, aided A1 in the alleged offence by way of printing receipts, applications, fake stickers and affixed them in public place and also lured the innocent job aspirants to part with money under the guise of securing job in the said bank and collected money varies from Rs. 2 lakhs to Rs.13 lakhs on commission basis, for which he received a sum upto Rs.4 lakhs. Hence, the complaint.

3. The learned counsel for the petitioner submitted that he is not an offender and in the hands of A1, he had deceived, lured and cheated the

petitioner and made him to introduce other job aspiring candidates. He would submit that he has printed the receipts at the direction of bank officials and they have kept his bill pending till date. He would further submit that the said bank committed irregularity in collecting deposit and carried operation without any valid license, in which, he is no way connected with the offence. He would submit that he has not at all committed any offence as alleged by the respondent police and he has been falsely implicated in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 18.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, 2 accused involved in this case and this petitioner is arrayed as A2. He would submit that without any license, the petitioner along with other accused running the bank and totally 3600 innocent public deposited in the said bank were cheated and more than a sum of Rs.2 crores was cheated by them. He would also submit that 10 branches for the said bank all over the State was opened and it was

operated, however, the petitioner has printed the bank challans and gave receipts. He would also submit that if he is released on bail, he will tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner by printing receipts, applications, fake stickers as RAFC Bank and affixed them in the place of ICICI Bank cards and also lured the innocent job aspirants to part with money under the guise of securing job in the above said fake bank and collected money, hence, a detailed investigation is required and also considering the fact that there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

24.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 24.01.2023