Yoganathan v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eighteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3303 of 2022 R. YOGANATHAM [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, PREVENTION OF EMPLOYMENT FRAUD WING, CCB TEAM-36, VEPPERI CHENNAI - 7 CRIME NO.245 OF 2021 For Petitioner : M/S. M.MURUGESAN Advocate For Respondent : M/S.G.V.KASTHURI, Additional public Prosecutor 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 punishable under Sections 417, 465, 468, 34 and 120B of 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, involved in conducting of fake interviews and recruitment in the name of AICTE (All India Council for Technical Education) and issued fake appointment orders to 18 candidates. Hence, the complaint.
3.
The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 25.12.2021 onwards. Hence, he prays for bail.
4.
The learned Additional Public Prosecution appearing for the respondent police raised objection stating that investigation is pending.
5.
The averments found in the First Information Report and the submissions made by the learned Additional Public Prosecutor appearing for the respondent police would disclose the fact that during the relevant point of time, the petitioner and others joined together and after publishing the advertisement, call for the applications to the post in Indian Government, the petitioner looted money to the tune of Rs.1.7Crores. As of now, the prime accused is not arrested. Apart from the petition mentioned incident, the petitioner and others conducted bogus interviews and exploited the public in many Districts.
6. Therefore, taking into consideration of the gravity of offence committed by the petitioner, this Court came to the conclusion that if this type of petitioner is released on bail, he may try to tamper the witness and hamper the investigation. Hence, this Criminal Original Petition is dismissed.
-sd/- 18/02/2022 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, PREVENTION OF EMPLOYMENT FRAUD WING, CCB TEAM-36, VEPPERI CHENNAI - 7 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. M.MURUGESAN Advocate on payment of necessary charges CRL OP.3303/2022 Date :18/02/2022 JPA 25/02/2022