K.Dharmalingam v. State Rep By
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.2192 of 2022 K.DHARMALINGAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PREVENTION OF EMPLOYMENT FRAUD WING, TEAM NO.36, CENTRAL CRIME BRANCH, (CCB-1), CHENNAI (CRIME NO.245/2021) For Petitioner : M/S.A.SAKTHI 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 25.12.2021 for the offences under Sections 417, 465, 468 read with 34 and 120-B IPC in Crime No.245 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 misused Logo of a Central Government Organization called All India Council for Technical education and conducted fake interviews at various districts under the guise of recruiting persons for various posts and thereby cheated about 100 persons to the tune of Rs.1,50,00,000/-. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that the petitioner was employee under A1 namely Surya and he was not
aware of the alleged cheating until he was arrested. He would further submit that the petitioner has been suffering incarceration for more than 35 days from 25.12.2021. 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 11 accused in this case and A1 to A8 have been arrested and remanded to judicial custody and the other accused A9 to A11 including the main accused one Manikandan are still absconding. The accused posed themselves as Government employees and conducted interviews and swindled amount from about 100 victims to the tune of Rs.1,50,00,000/- and still the police have been receiving complaints from the victims. Hence, there is possibility of the petitioner getting abscond if he is released on bail and the investigation has not been completed.
5. On seeing the nature of allegations levelled against the petitioner and the amount involved is Rs.1,50,00,000/- lakhs and still the police have been receiving complaints from the victims. Hence, if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and tampering the evidence and still 3 more accused are abscond including the main accused namely Manikandan 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, PREVENTION OF EMPLOYMENT FRAUD WING, TEAM NO.36, CENTRAL CRIME BRANCH, (CCB-1), CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.SAKTHI Advocate on payment of necessary charges CRL OP.2192/2022 Date :01/02/2022 RW 10/02/2022