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Madras High CourtCRL OP/15683/2020dismissed

Ajith v. State Rep By,

2020-10-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15683 of 2020 1.Ajith 2.Jeeva .. Petitioners Vs.

State Rep. by Inspector of Police, Tiruvannamalai CBCID Police Station Tiruvannamalai Crime No.02 of 2020 .. Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioners on bail in Crime No.02 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.B.Jawahar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 04.09.2020 and 07.09.2020 respectively, for the offences punishable under Sections 420, 468, 471, 477(a) IPC and 43, 66(c) IT Act 2000 IPC in Crime No.02 of 2020 on the file of the respondent police, seek bail.

2. The case of the prosecution as per the Joint Director of Agriculture is that the Government of India had announced a financial support scheme to the Farmers namely Pradhan Mantri Kisan Smman Nidhi (PM-KISAN). As per the scheme, the farmers shall register themselves in the scheme by producing documents, bank account details and the eligible farmers would be given a sum of Rs.2000/- per trimester in a year. The further allegation is that from April 2020, the accused have by producing fabricated and false documents, enrolled ineligible persons and by misusing the names of such persons, cheated the Government to the tune of Rs.90 lakhs.

3. The learned Counsel for the petitioner would submit that the petitioners are innocent and they have been falsely implicated in this case. He would submit that the documents of the petitioners have been misused by some other persons and that the amounts have also been taken by them. He would further submit that the petitioners were arrested on 04.09.2020 and 07.09.2020 and they have been suffering incarceration since then. Hence, he prays for grant of bail.

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4. The learned Government Advocate (Crl. Side) would vehemently oppose state that the second petitioner is the leader of Women's Self Help Group. She along with the first petitioner had by using the documents and records belonging to various farmers and also by using fabricated documents, cheated the Government to the tune of Rs.90 lakhs. He would further submit that as far as the first petitioner is concerned, he has got five bank accounts and that he has laundered money from one account to another account. Insofar as the second petitioner is concerned, she being the leader of the Women's Self Help Group had made all the transactions and cheated the Government to the tune of Rs.90 lakhs. He would further submit that the investigation at the initial stage and the amount has not been recovered so far.

5. Taking into account the nature of offence and the amount involved is very huge and that the alleged amount has not been recovered and the fact that the investigation is at the preliminary stage, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed. -sd/- 06/10/2020 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 SUPERINTENDENT, CENTRAL JAIL, VELLORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, THIRUVANNAMALAI CBCID POLICE STATION, THIRUVANNAMALAI.

CC to M/S.B.JAWAHAR Advocate on payment of necessary charges CRL OP.15683/2020 Date :06/10/2020 RVR 15/10/2020 https://hcservices.ecourts.gov.in/hcservices/