Madras High CourtCRL OP/23753/2021dismissed

Devaraj Singh v. 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 TV. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23753 of 2021 1 DEVARAJ SINGH [ PETITIONERS / ACCUSED ] 2 SHRWAN SINGH Vs STATE REP BY [ RESPONDENT ] SUB INSPECTOR OF POLICE, CCD-I, VEPERY, CHENNAI.

(CRIME NO.46/2021) For Petitioner : M/S R.THAMARAI SELVAN Advocate For Respondent : M/S. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who were arrested and remanded to judicial custody on 17.11.2021 for the offence under Sections 419, 420 of IPC and 66C and 66D of IT Act 2008, in Crime No.46 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the de facto complainant is the Manager of Madras Travels and Tours Private Limited which is a registered company under the Company Act. The petitioners have created fake websites and domain names in the name of madrasatravels.info and madrastravelstours.com, and collected amount from the customers for arranging international tour packages and other travel related services and also misused the GST number and Pan number of the defacto complainant's company. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and he would further submit that the petitioners have been suffering incarceration for about 20 days from 17.11.2021. Hence, he would pray for grant of bail to the petitioners.

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4. The learned government Advocate (Crl. Side) would raise strong objection stating that the petitioners are brothers of A1 and they have created a fake websites and domains in the name of the de facto complainant's company and cheated more than Rs.7 lakhs and only a sum of Rs.31,500/- has been recovered so far and that the petitioners belong to Ahamedabad and if they are released on bail, there is every possibility of the petitioners getting abscond.

5. On seeing the nature of offence and the fact that only a sum of Rs.31,500/- has been recovered out of Rs.7 lakhs and the remaining amount is yet to be recovered and also considering the submission of the learned Government Advocate (Crl. Side) that the petitioners belong to Ahamedabad and there is possibility of the petitioner getting abscond and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioners. 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, SAIDAPET.

2 THE SUB INSPECTOR OF POLICE, CCD-I, VEPERY, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.THAMARAI SELVAN Advocate on payment of necessary charges CRL OP.23753/2021 Date :13/12/2021 cs 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/