V.Bass v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Second day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.2272 of 2022 1 V.BASS [ PETITIONERS / ACCUSED ] 2 NANDHAKUMAR Vs THE STATE [ RESPONDENT ] THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH, XXIV (ANTI LAND GRABBING SPECIAL CELL) GREATER CHENNAI POLICE, VEPERY, CHENNAI-600 007.

For Petitioner : M/S.D.VENKATESAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 25.11.2021 for the offences under Sections 419, 465, 467, 468, 471, 420 read with 120B of IPC in crime No.110 of 2021 on the file of the respondent police seek bail.

2. The case of the prosecution is that the petitioners along with other accused created fake documents by impersonating the original owner of the property and grabbed the property of the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are Brokers. Apart from that they have no involvement in the offence committed by the other accused and they have been false implicated in this case and that they have been suffering incarceration for more than 65 days from 25.11.2021 and would pray for grant of bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 14 accused in this case and the petitioners are arrayed as A8 and A9. He would further submit that A7 to A11 have been arrested and A6, A12, A16 are still absconding and that 41A notice has been issued to the other accused. He would further submit that still the documents have not been cancelled and the investigation has not been completed and if the petitioners are released on bail, there is every possibility of the petitioners getting abscond and tampering the evidence.

5. On seeing the nature of offence and the fact that three more accused are still absconding and the investigation has not been completed and there is every possibility of the petitioners getting abscond and tampering the evidence and hence, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 02/02/2022 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 INSPECTOR OF POLICE CENTRAL CRIME BRANCH, XXIV (ANTI LAND GRABBING SPECIAL CELL) GREATER CHENNAI POLICE, VEPERY, CHENNAI- 600 007.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.D.VENKATESAN Advocate on payment of necessary charges CRL OP.2272/2022 Date :02/02/2022 TA-09/02/2022 https://hcservices.ecourts.gov.in/hcservices/