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Madras High CourtCRL OP(MD)/251/2022dismissed

M. Ramki v. The Inspector Of Police

2022-01-07Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.251 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.251 of 2022 M.Ramki ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Marthandam Police Station, Kanyakumari District.

(Crime No. 697 of 2021).

... Respondent/Complainant For Petitioner : M/s.SARAVANAN.M., Advocate.

For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.697 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 12.12.2021 for the alleged offence under Sections 489 (B) and 489(C) of IPC in Crime No.697 of 2021, on the file of the respondent police, seeks bail.

2.The allegation against the petitioner is that he tried to change the counterfeit note in a TASMAC shop. Hence, a case in Cr.No.697 of 2021 was registered against the petitioner. He was arrested and remanded in judicial custody.

3.The petitioner has filed a petition in Crl.M.P.NO.5828 of 2021 for bail. That petition was dismissed by the Principal Sessions Judge, Kanniyakumari District at Nagercoil. Hence, he has come forward with the present petition seeking bail. 4.On the side of the petitioner it is stated that the petitioner is working under A2. A2 gave the salary in the form of ten 200 rupees notes. The petitioner is not aware that the notes are counterfeit notes. The employer is now impleaded as A2 in the case. The petitioner is in custody for past 28 days. Already major portion of the investigation is over and prayed the petitioner to be released on bail.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.251 of 2022 5.On the side of the respondent, it is stated that the defacto complainant is the Supervisor in a TASMAC shop. On 11.12.2021 at about 9.30 p.m., when the petitioner was trying to buy alcohol by using counterfeit currency note he was caught of by the Supervisor of the TASMAC shop and he was handed over to the respondent police. Ten counterfeit notes were seized from the petitioner. The bail petition filed by the petitioner was dismissed on 23.12.2021 by the trial Court. Now there is no change of circumstances and prayed the petition to be dismissed.

6.The offence is serious in nature and against the Government. Ten counterfeit notes were seized from the petitioner. The investigation is in the initial stage. If the petitioner is released on bail, the investigation may be affected. In view of the above circumstances, this Court is not inclined to release the petitioner on bail at the present stage.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 07/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

2 THE OFFICER INCHARGE SUB JAIL, NAGERCOIL.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.251 of 2022 Date :07/01/2022 SA/JC/SAR.2/12.01.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2