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Madras High CourtCRL OP/19340/2023dismissed

N.Ramesh v. The State Rep.By

2023-09-04Honourable Mr Justice G. Chandrasekharan4 pages

G.CHANDRASEKHARAN.

J.

The petitioner namely N.Ramesh, who was arrested and remanded to judicial custody on 17.05.2023 for the offences punishable under Sections 419, 420, 147, 120(B), 170, 171, 342, 364, 395 of IPC in Crime No.49 of 2023 on the file of the respondent police, seek bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent and he is falsely implicated in this case registered in Crime No. 49 of 2023 for the offences under Sections 419, 420, 147, 120(B), 170, 171, 342, 364, 395 of IPC. Petitioner is in judicial custody from 17.05.2023. Thus, he prays for grant of bail to the petitioner.

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. It is seen from the FIR allegations that, petitioner is the main accused who induced the defacto complainant to part with the money and he along with other accused had actively involved in exchanging the money. Still some of the accused are absconding in this case and the amount involved in this case ie., Rs.25,00,000/- is not yet recovered and the investigation in this case is pending. Therefore, this Court is not inclined to release the petitioner on bail.

5. Accordingly, this Criminal Original Petition is dismissed. 04.09.2023 sma 3/4

G.CHANDRASEKHARAN.

J.

sma 04.09.2023 (2/2) 4/4