P.Suriya v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Fifth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.3644 of 2022 1 P.SURIYA [PETITIONERS/ACCUSED] 2 A.ARUNKUMAR 3 K.DHARMALINGAM Vs STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, PREVENTION OF EMPLOYMENT FRAUD WING, CCB-TEAM-36, VEPPERI, CHENNAI-7.
CRIME NUMBER 245 OF 2021 For Petitioner : M/S.M.MURUGESAN Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners who were arrested and remanded to judicial custody on 25.12.2021 for the offence under sections 417, 465, 468, 34 and 120B of IPC, in Crime Number 245 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 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 petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have not committed any offence as alleged by the prosecution. He would further submit that the petitioners have been suffering incarceration for more than 70 days from 25.12.2021. Hence, he 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 11 accused in this case and the petitioners are arrayed as A1 to A3. He would submit that 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 petitioners getting abscond if they are released on bail and the investigation has not been completed.
5. On seeing the nature of allegations levelled against the petitioners 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 petitioners are released on bail, there is every possibility of the petitioners 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 and further there is no change of circumstances after the dismissal of the petitioner's earlier bail petition, this court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 25/02/2022 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 INSPECTOR OF POLICE, PREVENTION OF EMPLOYMENT FRAUD WING, CCB-TEAM-36, VEPPERI, CHENNAI-7.
3 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. CC to M/S.M.MURUGESAN Advocate on payment of necessary charges CRL OP.3644/2022 Date :25/02/2022 RVR 14/03/2022 https://hcservices.ecourts.gov.in/hcservices/