Marija Lijose Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Maria Lijose Kumar, S/o.Raji, No.569 S, Block, West Cemetry Road, Old Washermenpet, Chennai 600 021

2. Shabudeen, S/o.Sathar Basha, D.No.42, 21st Street, GKM Colony, Periyar Nagar, Perambur, Chennai 600 082 3.Ohmkanthan, S/o.Hariharan, No.39, B Block, West Cemetry Road, Old Washermenpet, Chennai 600 021 (Cr.No.4 of 2020) ..Petitioners in Crl.OP.No.7255 to 2020

4. Ohmkanthan, S/o.Hariharan, 1/6

No.39, B Block, West Cemetry Road, Old Washermenpet, Chennai 600 021 (Cr.No.2 to 2020) ..Petitioners in Crl.OP.No.7256 to 2020 Vs.

State rep. by, The Inspector of Police, Crime Branch CID, Metro Wing-II, Egmore, Chennai ... Respondent in all Crl.OPs Common Prayer : Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioners on bail pending investigation in Cr.No.4 of 2020 and Cr.No.2 to 2020 on the file of the respondent Police. For Petitioners : Mr.S.Madusudhanan in all Crl.O.P.s For Respondent : Mr.M.Mohammed Riyaz, in all Crl.O.P.s Additional Public Prosecutor COMMON

ORDER

The petitioners, who were arrested and remanded to judicial custody on 24.01.2020 for the offence punishable under Sections 120-A, 120B, 121 of IPC, r/w 464, 466, 468, 470, 471, 481, 482, 484, 485, 487 and 488 IPC @ 120-B, 420, 465, 468 and 471 of IPC in Crime Nos.4 of 2020 and 2 of 2020 on 2/6

the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners and others involved in the Tamil Nadu Public Service Commission scam relating to Group-IIA and Group IV Examinations.

3. The learned counsel for the petitioners submitted that the petitioners never involved in the offences as alleged by the prosecution, and they have been made scapegoat. In fact, they are not at all Government employees and they were nothing to do with the crime as alleged by the prosecution. He further submitted that the first and second petitioners in Crl.OP.No.7255 of 2020 are contract labourers and the third petitioner is working as Office Assistant. Hence, he prayed for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that all the accused persons have involved in very serious offence relating to the Tamil Nadu Public Service Commission Examination for the post of Group-IIA and Group-IV recruitment of 2019. The first and second petitioners issued OMR sheets and committed very serious offences and the third petitioner was working as Clerk in TNPSC department and colluded with other occused persons and committed the serious offence.

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5. Considering the nature of the offences committed by the petitioners, this Court is not inclined to grant bail to the petitioners. Therefore, these criminal original petitions are dismissed. 04.05.2020 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order lok 4/6

To

1. The Inspector of Police, Crime Branch CID, Metro Wing-II, Egmore, Chennai.

2. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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