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Madras High CourtCRL OP/16507/2020dismissed

Kuppusamy v. State Rep By,

2020-10-22Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No. 16507 of 2020 Kuppusamy ... Petitioner

Versus

State by The Inspector of Police, Crime Branch Crime Investigation Department (CBCID), Cuddalore District.

Crime No.2 of 2020 ... Respondents Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail, pending investigation of the case in Crime No.2 of 2020 on the file of the respondent police. For Petitioner : Mr.S. Ramajayam For Respondent : Mr.T.Shunmugarajeswaran GovernmentAdvocate (Crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 11.09.2020 for the offences publishable under Sections 409, 420, 468, 421 of I.P.C r/w 43,66(C) of IT Act 2000 in Crime No.2 of 2020 on the file of the respondent police, seek bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner has collected money from the farmers that he will join them under PK Kisan scheme, in which eligible farmers will avail monetary benefits and failed to do so. Hence, the complaint.

3. When the matter is taken up for hearing the learned counsel for the petitioner submitted to post the matter before the regular Court. It is seen from the bundle that earlier on 16.10.2020, when the matter was posted before the regular Court, he had made a request to post the matter before Vacation Court and today he is again seeking adjournment to post the matter before regular Court. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) would submit that the petitioner approached the farmers and informed them that the agricultural officers are very well known to them and collected money from the ineligible farmers on the false assurance that he will join them under PK Kisan scheme and misappropriated the funds. He would further submit that the investigation is in preliminary stage and if the petitioner is released on bail, he may be committing the same offence. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6.Considering the nature of offence alleged to have committed by the petitioner and the investigation is still in preliminary stage and if the petitioner is released on bail, he may be absconding and he will not co-operate with the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed.

-sd/- 22/10/2020 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 CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT.

2 THE OFFICER INCHARGE SUB JAIL, VILLUPURAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CRIME BRANCH CRIME INVESTIGATION, DEPARTMENT(CBCID), CUDDALORE DISTRICT.

CC to M/S.S.RAMAJAYAM Advocate on payment of necessary charges CRL OP.16507/2020 Date :22/10/2020 cs 02/11/2020 https://hcservices.ecourts.gov.in/hcservices/