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Madras High CourtCRL OP/12691/2021dismissed

Subramani v. The State Rep.By

2021-07-28Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of July Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.12691 of 2021 SUBRAMANI [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE (CRIME), ARCOT TOWN POLICE STATION, RANIPET DISTRICT.

(CRIME NO. 72 OF 2021) For Petitioner : M/S. B.S.MANIKANDAN Advocate For Respondent : MR. E.RAJ THILAK, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 465, 468, 471 and 420 of IPC, in Crime No.72 of 2021, seeks anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the de-facto complainant one Mrs.P.Kamatchi/Tahsildar lodged a complaint before the respondent police stating that the petitioner herein along with three other persons has been tried to joint the post of Village Administrative Officer by using fake documents and the same was found by her. Hence, the FIR has been registered by the police.

4. The learned counsel for the petitioner submitted that the earlier applications filed by the petitioner were dismissed in Crl.O.P.No.9941 of 2021 by order dated 07.06.2021 and Crl.O.P.No.6079 of 2021 by order dated 23.04.2021 respectively. He would further submit that the petitioner is an innocent person. He would further submit that the co-accused in the said Crime No.72 of 2021 was remanded to judicial custody and later he was released on bail on 19.03.2021 and the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. Hence he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. The learned Government Advocate (Criminal Side) would submit that the co-accused has been released on bail which was denied by the learned Public Prosecutor and the co-accused has not filed any bail application before the District Munsif cum Judicial Magistrate, Arcot, Ranipet District on 19.03.2021.

In this case, the petitioner/accused herein is absconding from the Tamil Nadu itself and investigation is not yet completed and if the petitioner is granted anticipatory bail, there is a possibility that he will tamper the witnesses and hamper the investigation. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration the allegations and also the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. The petitioner is at liberty to raise all the points before the Court below.

-sd/- 28/07/2021 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 INSPECTOR OF POLICE (CRIME), ARCOT TOWN POLICE STATION, RANIPET DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. B.S.MANIKANDAN Advocate on payment of necessary charges CRL OP.12691/2021 Date :28/07/2021 INBA 12/08/2021 https://hcservices.ecourts.gov.in/hcservices/