A.Bala Sundara Raj v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.05.2020
CORAM
THE HONOURABLE MR.JUSTICE. G.K.ILANTHIRAIYAN Crl.O.P.No.7484 of 2020 A. Bala sundara Raj ... Petitioner Vs.
The Inspector of Police, CBCID (TNPSC case) Chennai.
... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C, to enlarge the petitioner on bail pending investigation in Cr.No.4 of 2020 on the file of respondent police.
For Petitioner :
Mr.B.Manoharan For Respondent :
Mr.Mohammed Riyaz Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 26.01.2020 for the offence punishable under Sections 420, 465, 468 r/w 120B IPC in connection with the alleged malpratice in TNPSC recruitment scam Cr.No.4 of 2020 on the file of respondent police, seeks bail.
2. The case of the prosecution is that the petitioner fabricated the documents and forged the signature of the Government officials, in conspiracy with other accused persons with a view to obtain illegal gain by way of tampering the examination documents, OMR sheets in connection with Group II-A examination conducted by the Tamil Nadu Public Service Commission (hereinafter referred to as TNPSC) held on 06.08.2017. The petitioner acted as a middle man and introduced the main accused viz., Jayakumar to the candidate viz., Karthick and collected a sum amount to obtain Government job illegally. The further allegation is that in Group IV examination conducted by the TNPSC held on 01.09.2019, the petitioner committed mal practices to obtain employment for the candidates.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case without any evidence. He further submitted that the petitioner was arrested and remanded to judicial custody on 26.01.2020. Hence, he seeks bail to the petitioner.
https://hcservices.ecourts.gov.in/hcservices/
4. The learned Additional Public Prosecutor (Crl.Side) submitted that the petitioner acted as a mediator and collected money from the candidate for the post in connection with Group II-A and Group IV, examination conducted by TNPSC. He is the main person in committing the offence of fabricating documents, forging the signature and issued OMR sheets to the respective candidates. He further submitted that the investigation is still pending and as such, he vehemently opposed the grant of bail to the petitioner.
5. It is seen that the petitioner is one of the accused in the scam of Group IV and Group II-A examination conducted by the TNPSC, by fabricating the documents, forging the signatures of the Government officials and issued OMR sheets. Thereby, they committed very serious offence against the society as such, this Court had dismissed the bail petitions of the co-accused on various occasions. Therefore, this Court is not inclined to grant bail to the petitioner and hence, this petition stands dismissed.
-sd/- 08/05/2020 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 CCB CASES, METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
2 THE PRINCIPAL SESSIONS COURT, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE CBCID ( TNPSC CASE) CHENNAI 5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. B.MANOHARAN Advocate on payment of necessary charges CRL OP.7484/2020 Date :08/05/2020 RVR 24/06/2020 https://hcservices.ecourts.gov.in/hcservices/