Madras High CourtCRL OP/24108/2021dismissed

Prasad Mathew v. The State Rep.By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24108 of 2021 PRASAD MATHEW [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G3, KILPAUK POLICE STATION, KILPAUK, CHENNAI.

CR.NO.422/2021.

For Petitioner : M/S.R.RAJESH Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 23.09.2021 for the offence under Sections 419, 465, 467, 468, 471, 120B, 420 and 511 of I.P.C. in Crime No. 422 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 22.09.2021, the petitioner and others attempted to encash a sum of Rs.9,99,91,000/- by using a tampered cheque bearing No.451641 in PUNJAB NATIONAL BANK, Purasaiwalkam Branch in favor of one Ramcharan. The said cheque was drawn on M/s Dilip Buildcon & Co. On suspicion, the Bank Manager verified with the M/s Dilip Buildcon Ltd. and found that they had not issued any cheque for that amount and the said cheque was issued only for an amount of Rs.8,737/- in favour of Sachin Sen. Hence the complaint.

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3. The learned counsel for the petitioner would submit that this is the second application for bail and the petitioner has been falsely implicated in this case and that he has been suffering incarceration for more than 80 days from 23.09.2021. Hence, he would pray for grant of bail to the petitioners.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating the petitioner along with other accused attempted to misappropriate more than Rs.9 Crores by way of encashing fabricated cheque in Punjab National Bank, Purasaiwalkam Branch. He would further submit that still A1 is absconding and the petitioner/A2 belongs to Kerala State and if he released on bail, there is every possibility of the petitioner getting abscond.

5. On seeing the nature of allegation levelled against the petitioner and the fact that he belongs to other State and if he is released on bail, there is every possibility of the petitioner getting abscond and that the main accused/A1 is still absconding, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/12/2021 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 OFFICER INCHARGE, SUB JAIL, CHENGALPATTU.

2 THE INSPECTOR OF POLICE, G3, KILPAUK POLICE STATION, KILPAUK, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.RAJESH Advocate on payment of necessary charges CRL OP.24108/2021 Date :13/12/2021 RW 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/