D.Senthil Kumar v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.05.2020
CORAM
THE HONOURABLE MR. JUSTICEG.K.ILANTHIRAIYAN Crl.O.P.No. 7509 of 2020 D.Senthil Kumar ... Petitioner Vs State rep.by.
The Deputy Superintendent of Police, CBCID Metro Wing-II, Egmore, Chennai-600 008.
(Crime.No. 4 / 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.4 of 2020 on the file of the respondent police.
For Petitioner : Mr.P.Paul Selvam For Respondent : Mr.M.Mohammed Riyaz, Additional Public Prosecutor
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 09.02.2020 for the offences punishable under sections 120 (a), 120(b), 121 of I.P.C. r/w Sections 464, 466, 468, 470, 471, 481, 482, 484, 485, 487, 488 and 420, 465 of I.P.C., registered by the respondent police and the same was altered as Sections 120(b), 420,465,468 and 471 of IPC in Crime No. 4 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the respondent police registered a case based on the complaint preferred by the defacto complainant, namely T.Balasubramanian, Under Secretary, Tamil Nadu Public Service Commission, Chennai, for the alleged offence under sections 120(a), 120(b), 121 of I.P.C. r/w Sections 464, 466, 468, 470, 471, 481, 482, 484, 485, 487, 488 and 420, 465 of I.P.C., @ Sections 120(b), 420,465,468 and 471 IPC. It is alleged in the FIR 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 the examination conducted by the Tamil Nadu Public Service Commission (hereinafter referred to as TNPSC).
3. The learned counsel for the petitioner submitted that there is no material evidence available against the petitioner and he
is in prison from 09.02.2020, and also some of the co-accused persons were released on bail by the learned Principal Sessions Judge, Chennai. He further submitted that the petitioner was implicated in some other two cases also, wherein also the interrogation has been completed. He further submits that respondent police has not filed any final report or charge sheet even after the statutory period of 60 days, and the petitioner is in judicial custody for the past 83 days. Hence, he sought for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor (Crl.Side) submitted that the petitioner involved in committing the offence by fabricating documents, forged the signature, tampering the answer sheets and aided the prime accused in commission of crime. Thereby, he committed a serious offence against the society. He also submitted that the investigation is still pending and therefore, he vehemently opposed for grant of bail to the petitioner.
5. It is seen that the petitioner is one of the accused in the scam of Group IV examination conducted by the TNPSC, by fabricating the documents and forged the signature of Government officials and tampering the examination sheets. Thereby, he committed serious offence against the society and as such, this Court has 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, the petition stands dismissed. However, the petitioner is at liberty to approach the Magistrate Court concerned under Section 167(2) of Cr.P.C., to obtain default bail.
-sd/- 12/05/2020 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 PRINCIPAL SESSIONS JUDGE, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE DEPUTY SUPERINTENDENT OF POLICE, CBCID METRO WING - II, EGMORE, CHENNAI -08.
4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S PAUL SELAM Advocate on payment of necessary charges CRL OP.7509/2020 Date :12/05/2020 RVR 29/06/2020