E. Senthilraj @ Kabilan v. The State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05 .05.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7234 of 2020 E.Senthilraj @ Kabilan ... Petitioner Vs.
State Rep. By ... Respondent The Inspector of Police, Crime Branch CID, Metro Wing Chennai.
CBCID ATC Cr.No.2 of 2020.
Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in CBCID ATC Cr. No.2 of 2020 on the file of the respondent police.
For Petitioner : Mr. Thirumoorthy For Respondent : Mr. Mr.M.Mohammed Riyaz, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.02.2020 for the offence punishable under Sections 462, 468, 472 read with 120(B) IPC in CBCID ATC Cr. No.2 of 2020 on the file of the respondent police, seeks bail.
2.
The case of the prosecution is that the petitioner has got appointment for the post of Village Administrative Officer by indulging in malpractices in the competitive examination, conducted by Tamil Nadu Public Service Commission, in connivance with other accused persons.
3.The learned counsel for the petitioner submitted that the petitioner got appointment in the year 2017 after participating in the competitive examination, conducted by the Government of Tamil Nadu for the post of Village Administrative Officer. After a period of two years, the petitioner has been arrested and remanded to judicial custody based on a false allegation and that the petitioner has not committed any offence as alleged by the prosecution. He
further submitted that the petitioner has also been suspended from the service without committing any crime. Hence, he prays for grant of bail to the petitioner.
4. Per contra, the learned Additional Public Prosecutor submitted that in the year 2017, the Government of Tamil Nadu conducted a competitive exam for the post of Village Administrative Officer in which, the petitioner along with other accused persons indulged in malpractices and by manipulating the answer sheet, question paper and entire records, entered into the service. He further submitted that the investigation is pending and if the accused is released on bail, he would tamper the entire of evidences. Hence, he vehemently opposed for the grant of bail to the petitioner. 5.Heard both sides.
6. This Court earlier dismissed the bail applications filed by other accused persons in connection with the Group II A and Group IV examinations conducted by the Tamil Nadu Public Service Commission. In the present case, the petitioner has entered to service for the post of Village Administrative Officer by influencing the other accused persons and by manipulating entire records.
7. The petitioner has committed very serious offence against this state. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 05/05/2020 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 METROPOLITAN MAGISTRATE, NO.XI, SAIDAPET.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, CRIME BRANCH CID, METRO WING CHENNAI.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
CC to MR. THIRUMOORTHY, Advocate on payment of necessary charges CRL OP.7234/2020 Date :05/05/2020 TA-17/06/2020