Kumaran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.10419 of 2020 Kumaran ... Petitioner Vs.

State by The Inspector of Police XIII Team, Cyber Crime Cell, Central Crime Branch, CCB-I, Chennai.

(Crime No.237 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., praying to enlarge the petitioner on bail pending investigation in Cr.No.237 of 2020 on the file of the respondent police. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondent : Mr. T. Shunmugarajeswaran, Govt. Advocate (Crl. Side)

O R D E R

(This case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 24.06.2020 for the offences punishable under Sections 188, 269 and 420 of IPC r/w section 3 of Epidemic disease Act and Section 51 of Disaster Management Act 2005 in Crime No.237 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner who is a Revenue Inspector in Purasaiwakkam Taluk Office, by abusing his position, illegally formed an syndicate with other Government servants and travel agents and by fabricating and manipulating official records, issued e-passes to ineligible persons for traveling during Covid-19 period and obtained illegal gains by the same. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and his digital signature (E signature) has been misused by his subordinates who have been arrayed as A1 to A3 in this case. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner who is a Revenue Inspector in Pursaiwakkam Taluk Office by abusing his position, formed an illegal syndicate along with other Government servants and travel agents and by fabricating and manipulating the official records, issued e-passes to ineligible persons and obtained illegal gains from the same. He further submitted that the investigation is at a very nascent stage and if the petitioner is granted bail, he would interfere with the investigation and tamper with the records. Hence, he vehemently opposed for the grant of bail to the petitioner.

5. It is seen that the petitioner who is a Revenue Inspector in Purasaiwakkam Taluk Office, by abusing his position had formed an illegal syndicate with other sub-ordinates and travel agents and by committing serious offence on falsification and manipulation of official records, had issued e-passes to ineligible persons for illegal gains. It is also stated that the investigation is at the initial stage. Hence this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition stands dismissed.

-sd/- 10/07/2020 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 FOR CCB AND CBCID CASES EGMORE, CHENNAI 2 THE PRINCIPAL SESSIONS JUDGE, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, XIII TEAM , CYBER CRIME CELL, CENTRAL CRIME BRANCH, CCB-I CHENNAI

5 THE OFFICER INCHARGE, SUB JAIL, POONAMALLEE CC to M/S. R.C.PAUL KANAGARAJ Advocate on payment of necessary charges CRL OP.10419/2020 Date :10/07/2020 RVR 03/09/2020