N.S.Manoharan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the First day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.2226 of 2022 N.S.MANOHARAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] JOB ROCKET, TEAM VII CENTRAL CRIME BRANCH, VEPPERY, CHENNAI-7 CRIME NO.24 OF 2021 For Petitioner : M/S.G.V.SRIDHARAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) 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 17.11.2021 for the offences under Sections 406, 420, 465, 468 read with 34 and 109 IPC, in Crime No.24 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused collected a sum of Rs.55 lakhs from the defacto complainant and other job aspirants by giving false promise of securing jobs in the Government Departments and in abroad and therefore, they neither arranged any job nor returned the money to the victim. Further, the accused have also issued forged appointment orders to the victims. Hence, the complaint.

3.The learned counsel for the petitioner would submit that this is the second application for bail and the earlier application was dismissed by this Court in Crl.O.P.No.26030 of 2021 by order dated https://hcservices.ecourts.gov.in/hcservices/

04.01.2022 and that the petitioner who is an aged persons has been suffering incarceration for more than 75 days from 17.11.2021. Hence, he pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally two accused in this case and the petitioner is arrayed as A2 and he is the helper of A1 and he had also accompanied the main accused/A1 at the time of collecting money from the victims. Further, the main accused/A1 is still absconding and the accused have collected a sum of Rs.55 lakhs from 12 victims on the false promise of securing job in the Government departments and the investigation has not been completed and that there is possibility of the petitioner getting abscond and tampering the evidence.

5. On seeing the nature of allegations levelled against the petitioner and the amount involved is Rs.55 lakhs which has not been recovered and if the petitioner is released on bail, there possibility of the petitioner getting abscond and that the main accused/A1 is still absconding and the investigation has not been completed. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/02/2022 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, PUZHAL, CHENNAI.

2 THE INSPECTOR OF POLICE JOB ROCKET, TEAM VII CENTRAL CRIME BRANCH, VEPPERY, CHENNAI-7 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.V.SRIDHARAN Advocate on payment of necessary charges CRL OP.2226/2022 Date :01/02/2022 RW 10/02/2022 https://hcservices.ecourts.gov.in/hcservices/