Madras High CourtCRL OP/20481/2021dismissed

K.Nawaz v. The State Rep.By

2021-11-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20481 of 2021 K.NAWAZ [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, D-3, ICE HOUSE POLICE STATION, CHENNAI.

CR.NO.370 OF 2021.

For Petitioner : M/S. R.C.PAUL KANAGARAJ Advocate For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was voluntarily surrendered on 17.09.2021 and remanded to judicial custody for the offences under Sections 406 and 420 of IPC in Crime No.370 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is a sub broker in ICICI and also doing hotel business. On 17.07.2021 at about 5.00 pm, the defacto complainant went to the petitioner shop for doing RTGS Transaction and thereby he has handed over a sum of Rs.87,50,000/- to the petitioner. After receiving the money, the petitioner left the place. Further, the petitioner along with other accused persons had cheated the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is in no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that coaccused had already been released on bail by this Court in Crl.O.P.No.15646 of 2021 dated 31.08.2021. Therefore, he prays to grant bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner along with other accused persons had cheated the defacto complainant to the tune of Rs.87,50,000/-. He further submitted that the investigation is still pending. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also the fact that the petitioner had swindled 75 lakhs, further 12.50 lakhs were recovered from other accused persons. Further, the petitioner is involved in a very serious offence, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/11/2021 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, D-3, ICE HOUSE POLICE STATION, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. R.C.PAUL KANAGARAJ Advocate on payment of necessary charges CRL OP.20481/2021 Date :01/11/2021 APN 17/11/2021 https://hcservices.ecourts.gov.in/hcservices/