S.Jayakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.05.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7582 of 2020 S.Jayaumar ... Petitioner/ Accused Vs State rep.by.

The Deputy Superintendent of Police, CBCID ATC, Egmore, Chennai 600 008.

(Crime No.2/2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the Petitioner/Accused on Bail in Crime Number No. 2 / 2020 on the file of the Deputy Superintendent of Police, CBCID ATC, Egmore, Chennai For Petitioner : Mr.P.Paul Selvam For Respondent : Mr.M.Mohammed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner, who was formerly arrested on 25-02-2020 for the offence punishable under Sections 462,468 472 IPC R/W 120B of I.P.C., in Crime No. 2 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the allegation reported by the media in respect of the written examination held at Ilayangudi Centre in respect of the recruitment to the post of Village Administrative Officer which was held on 28.02.2016, a thorough analysis of the answer pattern of the 9 candidates, who had secured the top positions in the rank list and who had written the examination at Ilayangudi Centre, was done. Thereafter, present case was registered by the respondent police.

3. The learned counsel for the petitioner submitted that the name of the petitioner is not found in the FIR and the petitioner has never committed or involved in any offence as alleged by the prosecution. He further submitted that the petitioner surrendered in another case in Crime No.4 of 2020 registered by another Wing attached to CBCID on 06.02.2020. As such, the statutory period for filing of charge sheet was going to end. At that time, in order to retain the petitioner to continue him in judicial custody, his name has been falsely implicated in the present case. Hence, he sought for bail to the petitioner.

4.The learned Additional Public Prosecutor (Crl.side) submitted that the petitioner along with other accused persons involved in committing the offence by fabricating documents, forging the signature and tampering the answer sheets and the petitioner also aided the prime accused in commission of crime Thereby, they committed a serious offence against the society. He further submitted that the accused persons, who were aware of the entire movement of the answer sheets, handed over the OMR sheets to the respective candidates, got filled the OMR sheets and restored the same in their respective places. He also submitted that some of the accused yet to be arrested and 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 and the other accused persons are the accused in the scam of Group IV and Group II-A examination conducted by TNPSC and they fabricated the documents, forged the signature of Government officials and tampered the examination sheets. Thereby they committed serious offences 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/- 14/05/2020 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, CITY CIVIL COURT, CHENNAI.

2 THE METROPOLITAN MAGISTRATE NO.XI, SAIDAPET, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DEPUTY SUPERINTENDENT POLICE CBCID METRO WING-II, EGMORE, CHENNAI-600 008 CC to M/S. P.PAUL SELVAM Advocate on payment of necessary charges CRL OP.7582/2020 Date :14/05/2020 MK:13/07/2020