Subbu @ Sumathi v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.5924 & 6664 of 2021 SUBBU @ SUMATHI [ PETITIONER / ACCUSED IN BOTH THE PETITIONS] Vs STATE REP.BY [RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-I, (CYBER CRIME CELL), CHENNAI.
CR.NO.325 OF 2020.
For Petitioner : M/S.K.S.MURUGAN Advocate(IN CRL.O.P.No.5924/2021) M/S.K.KESAVAN Advocate(IN CRL.O.P.No.6664/2021) For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor (IN BOTH THE PETITIONS) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- While the petitioner in Crl.OP.No.5924 of 2021 was arrested on 25.01.2021, the petitioner in Crl. O.P. No.6664 of 2021 was arrested on 24.1.2021 and remanded to judicial custody for the offences punishable under Sections 465, 467, 468 and 420 of IPC in Cr.No.325 of 2020 on the file of the respondent police and they seek bail by filing the present petitions.
2.The case of the prosecution is that the the petitioners herein and other accused persons had issued fake insurance policies and collected a sum of Rs.14,41,089/- from the general public and cheated them. Hence, the complaint.
3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Further, he submitted that they have been employees of the main accused's company Hence, he prays for grant of bail to the petitioners.
4.The learned Additional Public Prosecutor submits that the petitioners herein and other accused persons issued fake insurance policies and collected a sum of Rs.14,41,089/- from the general public and cheated them. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Though it is claimed by the petitioners that they are employees and that they are not involved in any offence, however, it is evident from the submission of the respondent that investigation is still going on and that being the case, taking into consideration the gravity of offence committed by the petitioners and the amount involved, this Court is not inclined to grant bail to the petitioners.
6.Accordingly, this Criminal Original Petition is dismissed with cost of Rs.10,000/- payable to the Hon'ble Chief Justice Relief Fund within a period of two weeks from the date of receipt of a copy of this order. If the amount is not paid, Registry is directed to take steps in accordance with law for realising the cost imposed on the petitioners.
7. Subsequent petitions, if any, to be filed by the petitioners, shall be entertained by the Registry only after verifying about the payment of costs made by the petitioners as ordered above. -sd/- 09/04/2021 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(WOMEN CELL) AT PUZHAL, CHENNAI 2 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-I (CYBER CRIME CELL), CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
COPY TO:
1 THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUSTICE RELIEF FUND, HIGH COURT, MADRAS 2 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS CC to M/S.K.S.MURUGAN Advocate on payment of necessary charges CC to M/S.K.KESAVAN Advocate on payment of necessary charges SR.4677 CRL OP.Nos.5924 & 6664 of 2021 Date :09/04/2021 RVR 23/04/2021