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Madras High CourtCRL OP/13209/2023granted

Ramesh v. Inspector Of Police

2023-06-14Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was remanded to judicial custody through PT warrant, for the offences punishable under Section 420 of IPC, in Crime No.1026 of 2020, registered on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 18.08.2020, the accused, posing himself as a Government Officer, had received a sum of Rs.5000/- from the de-facto complainant on the false assurance and cheated him. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He further submitted that the petitioner is no way connected with the alleged offence, whereas, in order to keep the petitioner under fetters, the respondent had implicated the petitioner in this case. He further submitted that the major part of the

investigation is over and the petitioner is languishing in judicial custody from 13.05.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is a habitual offender, against whom, 23 previous cases are pending, out of which, 6 cases are similar in nature and also, he was convicted in three cases. He further submitted that as far as this case is concerned, the petitioner/accused, posing himself as a Government Officer, had received a sum of Rs.5000/- from the de-facto complainant on the false assurance and cheated him. He also submitted that the investigation in this case is still pending and hence, he vehemently opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on both sides and also considering the previous antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

14.06.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 14.06.2023