G.Venkatesan v. State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Seventeenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21475 & 21477 of 2021 G.VENKATESAN [ PETITIONER / ACCUSED IN CRL.O.P.NO.21475/2021 ] C.RAJI [ PETITIONER / ACCUSED IN CRL.O.P.NO.21477/2021 ] Vs STATE REPBY [ RESPONDENT THE SUB INSPECTOR OF POLICE, IN CRL.O.P.NO.21475/2021 ] FORGED DOCUMENT INVESTIGATION TEAM, CENTRAL CRIME BRANCH, CHENNAI.
CRIME NO.137 OF 2021.
STATE REPBY [ RESPONDENT THE INSPECTOR OF POLICE, IN CRL.O.P.NO.21477/2021 ] CENTRAL CRIME BRANCH, FORGERY DOCUMENT INVESTIGATION WING, VEPERY, CHENNAI.
CCB II CRIME NO.137 OF 2021.
For Petitioner : M/S. I.AROCKIA SELVARAJ, Advocate [IN CRL.O.P.NO.21475/2021 ] M/S. RAMANA REDDY, Advocate [IN CRL.O.P.NO.21477/2021 ] For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) [IN BOTH PETITIONS]
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- (The case has been heard through video conference) In Crl.O.P.No. 21477 of 2021, the petitioner who was arrested and remanded to judicial custody on 11.10.2021 for the offences undecr Sections 420, 465, 468 and 34 r/w Section 109 of IPC, in Crime No.137 of 2021, on the file of the respondent police, seeks bail. In Crl.O.P.No. 21475 of 2021, the petitioner who was arrested and remanded to judicial custody on 25.09.2021 for the offences under Sections 420, 465, 468, 34 r/w Section 109 of IPC, in Crime No.137 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioners along with other accused on the false promise of getting allotment in the Tamil Nadu Housing Board have collected a sum of Rs.1,50,000/- each from the defacto complainant and 35 others and also issued fake allotment orders. Hence, the complaint.
3.The learned counsel for the petitioner in Crl.O.P.No.21475 of 2021 would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he would pray for grant of bail to the petitioners.
4.The learned counsel for the petitioner in Crl.O.P.No.21477 of 2021 would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner only introduced one Perungudi Venkatesan/A1 through one Murali to the defacto complainant. Other than that, he is no way connected with the alleged offence. Hence, he would pray for grant of bail to the petitioners.
5.The learned Government Advocate would raised strong objection stating that the petitioners are arrayed as A1 and A3. The petitioners along with other accused have collected more than Rs.16 Crores from the public under the false promise of obtaining allotment in the Tamil Nadu Housing Bord and that the investigation is still pending and if the petitioners are released on bail, there is every possibility of the petitioners getting abscond and thereby, the investigation would be stalled. He would submit that the petitioners have also actively participated in the offence. Further, he would submit that A2 is still absconding.
6. Considering the nature of offence and the fact that more than Rs.16 Crores is involved and that the investigation is still in progress. Therefore, this Court is not inclined to grant bail to the petitioners. Accordingly the Criminal Original Petitions are dismissed.
-sd/- 17/11/2021 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 SUB INSPECTOR OF POLICE, FORGED DOCUMENT INVESTIGATION TEAM, CENTRAL CRIME BRANCH, CHENNAI.
THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, FORGERY DOCUMENT INVESTIGATION WING, VEPERY, CHENNAI.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. I.AROCKIA SELVARAJ Advocate on payment of necessary charges CRL OP.21475 & 21477/2021 Date :17/11/2021 JPA 23/11/2021