Dhanusu v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.10.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.17043 of 2020 Dhanusu ... Petitioner Vs.

State rep.By:

... Respondent The Station House Officer, CBCID Police Station, Cuddalore.

(Crime No.02 of 2020) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with Crime No.02 of 2020 on the file of the respondent. For Petitioner : Mr.M.Prem Kumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 14.09.2020 for the offences punishable under Sections 409, 420, 468, 421 of IPC r/w 43, 66 (C) IT Act 2000, in Crime No.02 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution as per the defacto complainant is that the petitioner who is running a Net Centre colluded with other accused and by fabrication of documents and falsification of PM Kisan web portal, had played fraud in the Prime Minister's Kisan scheme, by processing 1084 ineligible applications and cheated the Government to the tune of Rs.2,18,00,000/-.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has nothing to do with the said offence. He would further submit that the petitioner is only running a Net Centre and prepared applications on the instructions of the beneficiaries and added their Aadhar Number and Bank Account number and collected only his service charges from the beneficiaries. He would further submit that the petitioner was arrested on 14.09.2020. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that the petitioner who is running a Net Centre had colluded with other accused and by fabrication of documents and falsification, had processed 1084 ineligible applications of farmers and cheated the Government to the tune of Rs.2,18,00,000/-. He would further submit that the bail application of the co-accused was dismissed by this Court very recently on 28.10.2020 in Crl.O.P.No.16745 of 2020 and the investigation is in initial stage.

5.Taking into consideration of the above submissions made by the learned Government Advocate (Crl. Side) that the co-accused bail application was dismissed very recently on 28.10.2020 and the amount cheated by the petitioner is to the tune of Rs.2,18,00,000/- and also considering the fact that the investigation is in initial stage, this Court is not inclined to grant bail to the petitioner. 6.This Criminal Original Petition stands dismissed accordingly.

-sd/- 29/10/2020 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 STATION HOUSE OFFICER, CBCID POLICE STATION, CUDDALORE, 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

CC to M/S.M.PREMKUMAR Advocate on payment of necessary charges CRL OP.17043/2020 Date :29/10/2020 TA-06/11/2020 https://hcservices.ecourts.gov.in/hcservices/