Meena v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.16894 of 2020 Meena ... Petitioner/Accused

Versus

The State represented by The Inspector of Police, CBCID North, Dharmapuri.

Crime No. 1 of 2020 ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No. 1 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.Madhan Kumar for Mr.J.Karthikeyan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 07.09.2020 for the offence punishable under Sections 420, 468, 471, 120(B) of IPC and Section 43, 66(c) of Information Technology Act, in Crime No.1 of 2020, seeks bail. The case of the prosecution is that the petitioner is a temporary 10(A)(1) staff in Agricultural Department. While so, the petitioner along with other accused had included the names of ineligible persons as beneficiaries under the Prime Minister Kisan Kendra Fund scheme and obtained fund and thereby cheated the Government. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would submit that the petitioner is a 10(A)(1) staff in Agricultural Department and she is no way connected with this case. He would submit that though the name of the petitioner is not mentioned in FIR, she has been falsely dragged into this case. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the computer user ID for Kisan Kendra fund was falsely generated by the petitioner along with other accused to the account holder of the fake farmers with permission of the Deputy Director of the Agriculture on commission basis of Rs.2,000/- and the same was received and the above said amount was disbursed to the non-eligible fake farmers. He would submit that except the petitioner and yet another accused, all the other accused in this case are absconding and that the investigation is at preliminary stage and at this stage, if bail is granted to the petitioner, there is every possibility that the petitioner may abscond. Hence, he vehemently opposed to grant bail to the petitioner.

Heard the learned counsels and perused the materials placed on record.

Taking into consideration of the facts and circumstances of the case, considering the fact that the investigation is at the preliminary stage and during the investigation, the prima facie found that the petitioner has involved in this case, considering the fact that at this stage, if bail is granted to the petitioner, there is every possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands 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 JUDICIAL MAGISTRATE, NO.I, DHARMAPURI 2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, CBCID NORTH, DHARMAPURI.

CC to M/S. J.KARTHIKEYAN Advocate on payment of necessary charges CRL OP.16894/2020 Date :22/10/2020 RVR 04/11/2020