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Madras High CourtCRL OP/16679/2023dismissed

Surya v. State By Its

2023-07-31Honourable Mr Justice G. Chandrasekharan4 pages

G.CHANDRASEKHARAN.

J.

The petitioner namely Suriya, who was arrested and remanded to judicial custody on 07.06.2023 for the offences punishable under Sections 419 and 420 IPC Crime No.49 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is falsely implicated in this case in Crime No. 49 of 2023 for the offences under Sections 419 and 420 IPC. Petitioner is in judicial custody from 07.06.2023. It is his further submission that, petitioner is the sister's son of 1st accused. Petitioner is innocent. Thus, he prays for grant of bail.

3. Learned Additional Public Prosecutor opposes this petition, on the ground that, this is a case of doubling the money. The accused in this case had promised that, if defacto complainant gives Rs.25,00,000/- in 500 rupee notes, accused will give him Rs.50,00,000/- in 2000 rupee currency notes,. Believing the words of accused, especially Natarajan and Ramesh, the defacto complainant made arrangements for Rs.25,00,000/- On 04.06.2023, defacto complainant 1/4

informed the accused that, the amount is ready. Natarajan asked the defacto complainant to come near Vellore Kottai Gandhi Statue, at about 2.00 p.m. He had instructed them to get into an INNOVA car bearing No.TN 65 W 5910. Accordingly, when they reached near Gandhi Statue, a car was waiting there. Ramesh and one unidentified driver were there. They got into the car. Car proceeded in the Bangalore road. At about 02.15 p.m,when the car reached near Silambu theatre, 4 persons came in a Car bearing No.TN 07 CD 5991 SUZUKI SCROSS. One person was wearing a police uniform. They asked, whether they came for exchange the fake currency notes and took Rs.25,00,000/, which was kept in the bag. They also took the cell phones of the defacto complainant and his uncle.

Later, they dropped the defacto complainant at Walaja tollgate and his uncle at Palusetisathiram Bridge. In the said circumstances, this case came to be filed. He further submitted that, investigation in this case is not completed. There are 12 accused in this case and only 8 accused had been arrested, sofar. Out of Rs.25,00,000/- taken from the defacto complainant, only Rs.2,50,000/- was recovered. The remaining amount is not recovered. Therefore, he prays for dismissal of this bail petition.

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4. Considering the nature of the offences alleged to have been committed by the accused in this case and that, still 4 accused are absconding and Rs.22,50,000/- is not recovered and that investigation in this case is not completed, this Court is not inclined to release the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed. 31.07.2023 gd 3/4

G.CHANDRASEKHARAN.

J.

gd 31.07.2023 (2/4) 4/4