Murugadoss@Doss v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.08.2020 CORAM :

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10726 of 2020 Murugadoss @ Doss Market Colony, Thirupapuliyur, Cuddalore District. ... Petitioner - Vs - The State represented by The Inspector of Police District Crime Branch, Cuddalore District.

(Crime No.103 of 2018 ) ... Respondent Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, to enlarge the petitioner on bail pending investigation in Crime No.103 of 2018 on the file of the respondent police.

For Petitioner : Mr.G.Balamanikandan For Respondent : Mr.T.Shanmugarajeswaran Government Advocate (Crl. Side) ***

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested on 22.06.2020 for the offences punishable under Sections 465, 468, 471 & 420 of IPC, in Crime No.103 of 2018 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the de facto complainant Elandeepan is that Sofiya (A1) and Arokiyaselvi (A2), on the false promise of securing jobs in Food Corporation of India, received a sum of Rs.1.5 lakhs each from 62 persons and later, cheated them. During the course of investigation, it came to light that the petitioner is also one of the person, who has cheated the victims along with other accused.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that even as per the FIR, on Sofiya and Arokiyaselvi are stated to have induced the victims and that the petitioner has no connection with them.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the offence has been committed from 19.10.2013 to 09.12.2017. He would submit that the petitioner along with one Sofiya and Arokiyaselvi induced several gullible persons on the false promise of obtaining jobs in FCI and cheated them to the tune of Rs.62 lakhs. He would submit that earlier the said Sofiya and Arokiyaselvi were arrested and they were enlarged on conditional bail, however, after coming out of bail, they are not complied with the conditions. He would further submit that as far as this petitioner is concerned, he has got previous case registered in Crime No.7 of 2008 in respect of similar offence, where the petitioner in a similar manner has cheated the amounts to the tune of Rs.

12,77,00,000/- and that the petitioner is a habitual offender, who is absconding for 2 years and further, it is with great difficulty the respondent had arrested the petitioner and that the investigation is in preliminary stage. If the petitioner is granted bail, it will be detrimental to the case of the prosecution.

5. Taking into consideration the facts and circumstances of the case and the fact that the petitioner is absconding for 2 years and that the investigation is in preliminary stage, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 05/08/2020 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 JUDICIAL MAGISTRATE, NO.II,CHIDAMBARAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, CUDDALORE DISTRICT CC to M/S.G.BALAMANIKANDAN Advocate on payment of necessary charges CRL OP.10726/2020 Date :05/08/2020 RD 28/08/2020 https://hcservices.ecourts.gov.in/hcservices/