R.Suriya Kumar v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION Nos.24794 AND 24795 of 2021 R.SURIYA KUMAR [ PETITIONER / ACCUSED IN CRL.O.P.No.24794 of 2021] D.DINESH KUMAR [ PETITIONER / ACCUSED IN CRL.O.P.No.24795 of 2021] Vs STATE REP.BY ITS [ RESPONDENT / COMPLAINANT THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS] DISTRICT CRIME BRANCH, COIMBATORE.

CRIME.NO.21 OF 2021.

For Petitioner : M/S.L.RAMU Advocate [IN BOTH THE PETITIONS] For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 21.10.2021 for the offences under Sections 147, 148, 294(b), 323, 506(ii), 307, 406, 420, 419, 489(B), 489(C) & 120(B) IPC, r/w Section 25(1A) Arms Act, 1959, in Crime No.21 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that there are eight accused in this case. The defacto complainant was doing textile business. Thereafter, due to Covid-19 pandemic situation, he suffered loss in the business. Hence, the defacto complainant informed the same to his friend in turn, he introduced his friend/A4 to the defacto complainant. A4 informed the defacto complainant that there is a Rice Fulling article and they have got Collector's Order for the same and

demanded a sum of Rs.22.50 lakhs. Believing their words, the defacto complainant gave the amount to the accused persons. Thereafter, the accused persons asked the defacto complainant to come near Karpagam College to get the Rice Fulling article. Accordingly, the defacto complainant along with his friend went there. At that time, A1 to A3 came and took them to Chettipalayam and when the defacto complainant asked the accused to show the Collector's Order for the said Rice Fulling article, there arose a wordy quarrel between them. Subsequently, the accused returned a sum of Rs.5 lakhs to the defacto complainant. Later on verification, he came to know that the said notes are fake one. Hence the complaint.

3.The learned counsels for the petitioners/A5 and A2 would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that these are the 2nd applications for bail and the earlier applications were dismissed by this Court in Crl.O.P.No.22014 and 21956 of 2021 dated 23.11.2021 and that the petitioners have been suffering incarceration for more than 55 days from 21.10.2021 and would pray for grant of bail to the petitioners. 4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the investigation is still not completed and the amount involved is more than Rs.26,00,000/- and if the petitioners are released on bail, there is every possibility of the petitioners getting abscond and tampering the evidence.

5.Considering the gravity of offence and the amount involved and that the investigation has not been completed and if the petitioners are released on bail, there is every possibility of the petitioners getting abscond and tampering the evidence. Hence, this Court is not inclined to grant bail to the petitioners. Accordingly, the Criminal Original Petitions are dismissed.

-sd/- 17/12/2021 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 INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.L.RAMU Advocate on payment of necessary charges CRL OP.Nos.24794 & 24795/2021 Date :17/12/2021 INBA▬05/01/2022