S.Nagapandi v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty First day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.4211 of 2022 S.NAGAPANDI [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, THIRUVALLUR.

(CRIME NO.6/2022) For Petitioner : M/S.A.KALAISELVAN Advocate For Respondent : MS.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 11.01.2022 for the offences punishable under Sections 294(b), 420, 506(i) of IPC in Crime No.6 of 2022, on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the petitioner along with other accused were running a chit fund without any valid Government proof and thereby, cheated the de facto complainant's family and others. 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 ready to abide any condition imposed by this Court. It is his specific submission that the petitioner is in judicial custody from 11.01.2022 onwards. Hence, he prays for bail. 4.

The learned Additional Public Prosecutor appearing for the respondent police raised objection stating that investigation is pending. She would further submit that in the alleged occurrence, an https://hcservices.ecourts.gov.in/hcservices/

amount of Rs.4.5 Crores was cheated by the petitioner and others and as of now, even a single rupee has not been recovered by the respondent police. According to her, after registering the case, 40 complaints were received as against this petitioner and accordingly, she vehemently opposed this petition.

5.

Considered the submissions made by the learned counsel appearing on either side. The respondent police registered a case against the petitioner for the offences punishable under Section 294 (b), 420, 506(i) of IPC. In respect to the allegation now stated by the learned Additional Public Prosecutor appearing for the respondent police, there was no denial on the side of the petitioner. Therefore, in the said circumstances, without recovering the misappropriated amount, it could not be possible to complete the investigation. 6.

Hence, considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to him. Accordingly, this Criminal Original Petition is dismissed. -sd/- 21/02/2022 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 SUB INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, TIRUVALLUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.KALAISELVAN Advocate on payment of necessary charges CRL OP.4211/2022 Date :21/02/2022 CSK 01/03/2022 https://hcservices.ecourts.gov.in/hcservices/