Sankar v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2020
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17917 of 2020 Sankar
...Petitioner
Vs.
The Inspector of Police, CBCID, Cuddalore District.
(Crime No.2 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. Praying to enlarge the petitioner on bail in Crime No.2 of 2020 on the file of the respondent.
For Petitioner : Mr.S.Saravana Kumar 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 17.09.2020 for the alleged offences punishable under Section 409, 420, 468, 471 of IPC and Section 43, 66C of Information Technology Act, 2000, in Crime No.2 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the defacto complainant, the Assistant Director, Agricultural Department of Ulundurpet is that the accused by fabrication of documents and falsification of PM Kisan web portal, had played fraud in the Prime Minister's Kisan scheme, by processing 1084 ineligible applications and cheated the Government to the tune of Rs.2,18,00,000/-.
3.The learned counsel appearing for the petitioners would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that the name of the petitioner does not find place in the FIR. Hence, he prays for the grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that this Court, by an order dated 28.10.2020 in Crl.OP.Nos.16745 and 16507 of 2020, dismissed the bail applications in respect of the co-accused. He would submit that the petitioner along with the other accused cheated the Government to the tune of Rs.2,18,00,000/- and that the https://hcservices.ecourts.gov.in/hcservices/
investigation is pending. Hence, he prays for dismissal of this petition.
5. Taking into consideration the above submissions made by the learned Government Advocate (Crl. Side) that the co-accused bail application was dismissed and the amount cheated by the petitioner is to the tune of Rs.2,18,00,000/- and also considering the fact that the investigation is pending, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 11/11/2020 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, CENTRAL PRISON, CUDDALORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, CBCID,CUDDALORE DISTRICT.
CC to M/S.S.SARAVANA KUMAR Advocate on payment of necessary charges CRL OP.17917/2020 Date :11/11/2020 RVR 30/11/2020 https://hcservices.ecourts.gov.in/hcservices/