Sathiyamoorthy v. The State Rep. By

Crl.O.P.No.18537 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Sathiyamoorthy, who was arrested and remanded to judicial custody on 01.06.2023 for the offences punishable under Sections 209, 409, 420, 465, 477A & 381, 109 of IPC in Crime No.11 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is the 2nd accused in this case. Petitioner is a coolie worker. A1 is the Bench Clerk. A3 is an Advocate. A1 and A3 set up the petitioner to act as claimant in M.C.O.P.No.826 of 2003 and in M.C.O.P.No.1826 of 2023 and got the amount. He further submitted that, petitioner had not benefited anything out of this transaction. Petitioner is in Judicial Custody from 01.06.2023. Thus, he seeks bail to the petitioner.

3. The learned Additional Public Prosecutor submitted that, 1st accused Gunal is a Bench Clerk. Petitioner is not a party in either M.C.O.P.No.826 of 2003 or M.C.O.P.No.1826 of 2023. A1 and A3 set up the petitioner for claiming the award amount in M.C.O.P.826 of 2023 and in M.C.O.P.No.1826 of 2023. Thus, the signature of the learned 1/3

Judge was forged and letter was sent to the Branch Manager for issuing Rs.2,42,000/- to the petitioner. That amount was encashed. Thus, accused had cheated the real victims of the M.C.O.P's and also made mockery of the entire Court system. The complaint in this case was given by the learned Principal Sub Judge, Cuddalore. Thus, he prayed for dismissal of the petition.

4. Considered the rival submissions and perused the records. Having regard to the manner in which, petitioner and other accused conspired and colluded in taking the money awarded in M.C.O.P.No.826 of 2023 and in M.C.O.P.No.1826 of 2023, in which petitioner is not a party in either case and that it is a serious offence against the working of the Court and the fact that, investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 23.08.2023 Sma G.CHANDRASEKHARAN,J.

2/3

Sma Crl.O.P.No.18537 of 2023 23.08.2023 3/3