C.P.Sudharson v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL ORIGINAL PETITION No.25846 of 2021 C.P.SUDHARSON [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CCB-II, CHENNAI, GREATER CHENNAI POLICE.

CRIME NO.74 OF 2021 For Petitioner : M/S.S.VIJAYAKUMAR Advocate For Respondent : MR.S.SUGENDRAN, 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 23.11.2021 for the offences under Sections 109, 34, 465, 467, 468, 471 IPC in Crime No.74 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with other accused created forged documents in respect of the property belongs to the defacto complainant. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he is only a power of attorney of A1 and there is no specific overt act or allegation against him and that he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 35 days from 23.11.2021 and would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 8 accused in this case and the petitioner is arrayed as A8 and he is the power of attorney of https://hcservices.ecourts.gov.in/hcservices/

A1. The petitioner in connivance with the other accused created the forged documents and that the investigation is at the initial stage. Further, except the petitioner, the other accused are absconding and if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and tampering the witnesses and hampering the investigation.

5. Heard the learned Counsel for the petitioner and learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials on record.

6. In view of the fact that the petitioner is the power of attorney of A1 and the other accused are still absconding and that the investigation is at the initial stage. Under these circumstances, if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and tampering the witnesses and thereby the other accused may not be brought into the investigation. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 29/12/2021 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, CCB-II, CHENNAI, GREATER CHENNAI POLICE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S.S.VIJAYAKUMAR Advocate on payment of necessary charges Sr.15640 CRL OP.25846/2021 Date :29/12/2021 RVR 03/01/2022 https://hcservices.ecourts.gov.in/hcservices/