K.Dayanithi v. The State Rep By The Inspector Of Police
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.2232 of 2022 1 K.DAYANITHI [ PETITIONERS / ACCUSED ] 2 M.PRABU Vs THE STATE REP BY THE INSPECTOR OF POLICE, [ RESPONDENT ] PREVENTION OF EMPLOYMENT FRAUD WING, TEAM NO.36, CENTRAL CRIME BRANCH(CCB), CHENNAI.
(CCB. CR. NO. 245/2021) For Petitioner : M/S W.M.ABDUL MAJEED 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 26.12.2021 for the offences under Sections 417, 465, 468 read with 34 and 120(B) of IPC, in CCB Crime No.245 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the accused used Logo of the Central Government Organization and conducted fake interview for 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 petitioners would submit that the petitioners are one of the victims in this case. At the instance of one of their friend, where A2 and A3 told them that they were selected and appointed as District C-ordinator of the organization run b them and the petitioners were asked to be present during the interview conducted by them at Tirupattur on 26.12.2021. Hence, the petitioners were merely present at the site and they did not commit any offence as alleged by the prosecution. Earlier, the petitioners were included as witnesses in this case and later falsely implicated https://hcservices.ecourts.gov.in/hcservices/
and that they have been suffering incarceration for more 35 days from 26.12.2021. Hence, he pray for grant of bail to the petitioners. 4.The learned Government Advocate (Crl. Side) would raise strong objection stating that it is a case of rob racketing. The petitioners along with other accused conducted fake interviews by using Logo of the Central Government Organization under the guise of recruiting persons for various posts and thereby cheated about 100 persons to the tune of Rs.1,50,00,000/- and that no amount has been recovered. He would further submit that there are totally 11 accused in this case and two more accused are still absconding and that the investigation is at the initial stage.
5. On seeing the gravity of offence and still two more accused are absconding and the investigation is at the initial stage and hence, if the petitioners are released on bail, there is every possibility of the petitioners getting absconding and tampering the evidence. 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 2 THE INSPECTOR OF POLICE, PREVENTION OF EMPLOYMENT FRAUD WING, TEAM NO.36, CENTRAL CRIME BRANCH(CCB), CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S W.M.ABDUL MAJEED Advocate on payment of necessary charges CRL OP.2232/2022 Date :02/02/2022 RVR 11/02/2022 https://hcservices.ecourts.gov.in/hcservices/