S.Kiyam Mohammed v. The Deputy Director

Crl.O.P.No.31534 of 2022 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 13.01.2022 for the offences punishable under Sections 465, 467, 468, 471 & 420 of IPC r/w Sections 3 & 4 of Prevention of Money Laundering Act, 2002, in Crime No.2 of 2021, on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondent and perused the entire materials available on record.

3. On perusal of the records, this Court finds that the allegation as against the petitioner is that he had received the forged identity documents and forged import documents pertains to M/s. B K Electro Tools Products from A8 and handed over to the A5 to operate the accounts either in the name of A1 or A2 to send the proceeds of crime outside the country without revealing his involvement in the crime and paid the commission to him. The further allegation is that he introduced A1 by name of Kannan to A5 and which is the origin of cheating by impersonation and he mobilized the fund transfer into the account of M/s. B K Electro Tools Products to make foreign outward remittances. Also he paid the commission for opening the account in the name of M/s. B K Electro Tools Products and routing import documents for making fraudulent foreign outward https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

ham remittances to A4 through bearer cheque and A4 encashed the same with Indian Bank.

4. This is the fifth bail application filed by this petitioner before this Court and this Court had dismissed the earlier bail applications filed by the petitioner in Crl.O.P.Nos.3779, 7560, 1127 & 20590 of 2022 after finding that the petitioner is not entitled for bail, since there is possibility of tampering the witnesses and the evidence and also found that the prima facie material is made out as against the petitioner.

5. Thereby, this Court does not find any change in circumstances and on considering the gravity and nature of the offence, this case needs detailed investigation and may include custodial interrogation of the petitioner, therefore, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 11.01.2023 ham Crl.O.P.No.31534 of 2022 https://www.mhc.tn.gov.in/judis