Priya v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.11.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17433 of 2020 Priya ..Petitioner Vs.
State represented by The Inspector of Police C.B.C.I.D. Villupuram P.S.
Crime No.3/2020
...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.3 of 2020 pending investigation on the file of the respondent police.
For Petitioner : Mr.R.Balakrishnan 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 13.09.2020 for the offence punishable under Sections 409, 420, 468, 471 of IPC read with 43 and 66(c) of I.T. Act 2000, in Crime . No.3 of 2020, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the petitioner along with other accused by producing forged documents, enrolled ineligible farmers under Pradan Mandri Kissan Samman Nidhi and swindled a sum of Rs.43 Crores belongs to the Government of India.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated and made as a scape goat in this case. He would submit that the petitioner was working as a Assistant Agricultural Officer in B.D.O., Vellam, Gingee Taluk, Villupuram, and her nature of work was to enter the data of the beneficiaries (Farmers) under the PM's Agricultural scheme and that as per the instructions of the higher officials in the Department, she had entered the data. Other than that she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner's name is not found in the F.I.R. and she has been suffering incarceration for more than 50 days from 13.09.2020. Hence, he prays for grant of bail. https://hcservices.ecourts.gov.in/hcservices/
4.The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the petitioner along with other accused, by fabrication and falsification of documents, swindled a sum of Rs.43 Crores belongs to the Government. He would further submit that the petitioner is the main person in the scam who had enrolled 3000 ineligible farmers in the PM-KISAN Scheme. He would further submit that so far, a sum of Rs.26.3 Crores have been recovered and an amount of Rs.17 Crores remains to be recovered. He would further submit that two witnesses have given statements under Section 164 Cr.P.C. wherein, they have categorically stated that the petitioner is the main person in the offence and she had enrolled 3000 ineligible persons for obtaining money under PM-KISAN scheme. He would further submit that the investigation is at the initial stage.
5. Taking into account the fact that a huge amount belongs to the Government has been swindled and an amount of Rs.17 Crores is yet to recovered from the accused and that the investigation is at the initial stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.
-sd/- 06/11/2020 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, SPECIAL PRISON FOR WOMEN, CUDDALORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE, CBCID VILLUPURAM P.S.
VILLUPURAM DISTRICT.
CC to M/S.R.BALAKRISHNAN Advocate on payment of necessary charges Sr.7355 CRL OP.17433/2020 Date :06/11/2020 RVR 20/11/2020 https://hcservices.ecourts.gov.in/hcservices/