Madras High CourtCRL OP/25729/2021dismissed

Gunasekarean v. State Rep By

2022-01-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Third day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25729 of 2021 GUNASEKAREAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATE REP BY THE INSPECTOR OF POLICE, TAMBARAM POLICE STATION, CHENNAI.

CRIME NO. 1549 OF 2018 For Petitioner : M/S KRISHNASAMY CHINNASAMY Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 19.11.2021 for the offences under Sections 408, 420 IPC in Crime No.1549 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is a distributor for TTK Ltd. The petitioner/A1 is an agent of TTK Ltd. and he was working under the defacto complainant as delivery staff. While so, the petitioner swindled the materials to the tune of Rs.21,65,480/- without delivering the same to the customers and issued fabricated invoices to the defacto complainant signed by A2 who is the wife of the petitioner/A1 and thereby, cheated the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that he has been suffering incarceration for about 45 days from 19.11.2021 and hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the investigation has not been completed.

5. On seeing the nature of allegations levelled against the petitioner and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/01/2022 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, TAMBARAM POLICE STATION, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S KRISHNASAMY CHINNASAMY Advocate on payment of necessary charges CRL OP.25729/2021 Date :03/01/2022 INBA▬12/01/2022 https://hcservices.ecourts.gov.in/hcservices/