Muruganandam v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17745 of 2021 MURUGANANDAM [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CBCID, COIMBATORE, (CR.NO.33/2021) For Petitioner : M/S. C.D .JOHNSON Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 15.06.2021 and remanded to judicial custody for the offence under Sections 120B, 465, 467, 471, 420, 511 of IPC in Cr.No.33 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused jointly fabricated and forged a cheque and thereby committed the offence.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. The petitioner is arrayed as A2 and he is the friend of A3. A3 has requested the petitioner to deposit the cheque into the account of A1, who is a Thiumangai Charitable Trust. Hence, this petitioner deposited a said cheque. Except this allegation, no other allegation levelled against the petitioner. In fact, the petitioner disclosed all the information with regard to the other accused persons and hence, he has been falsely implicated in this case and he is in prison from 15.06.2021.Hence, he seeks bail to the petitioner. 4.The learned Government Advocate submitted that on 26.05.2021, the petitioner presented a forged cheque for a sum of Rs.6 Crores for encashment. On suspicion, the defacto complainant, who is a Branch Manager of the HDFC Bank, verified the cheque and found that the same is forged one. He further submits that this is the 3rd bail https://hcservices.ecourts.gov.in/hcservices/

application and the first bail application filed in Crl.O.P.No.12482 of 2021 was dismissed by this Court vide order dated 19.07.2021 and the second bail application filed in Crl.O.P.No.15312 of 2021 was dismissed as withdrawn vide order dated 26.08.2021 and this is the third bail application filed by the petitioner. Hence, he vehemently objected to grant bail to the petitioner.

5.Considering the fact that some of the accused persons have not been secured and considering the modus operandi of the petitioner and other accused persons and earlier applications filed by the petitioner was dismissed by this Court and there is no change in circumstances this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. However, the petitioner is granted liberty to file a petition under section 167(2) of Cr.P.C before the Trial Court. -sd/- 24/09/2021 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 INSPECTOR OF POLICE, CBCID, COIMBATORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.D .JOHNSON Advocate on payment of necessary charges CRL OP.17745/2021 Date :24/09/2021 CSK 05/10/2021 https://hcservices.ecourts.gov.in/hcservices/