M. Ramki v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1619 of 2022 M.Ramki ... Petitioner/Accused No.1 Vs 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 : M/s.R.M.Anbunithi Additional Public Prosecutor 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 counterfeit currency note in a TASMAC shop. Hence, a case in Cr.No.697 of 2021 was registered against the petitioner. He was arrested and remanded to judicial custody.

3.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 petitioner is not having the knowledge that the notes are counterfeit currency. The petitioner did not evade the arrest and he did not try to run away when the notes being checked in the machine. The petitioner is in custody for the past 49 days. Already major portion of the investigation was over and prayed the petitioner to be released on bail.

4.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 hold 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 salary for the petitioner is only Rs.1,000/-., but, he accept Rs.2,000/- fake notes, knowing fully well that they are fake notes, with a motive to earn more money. The investigating is pending. The other materials ought to be recovered. Informations regarding the manufacturer are to be collected.

5. It is seen that the offence is serious in nature and against the Society. Counterfeit currencies were recovered from the petitioner. Whether the petitioner was having the knowledge of the fake currency or counterfeit notes cannot be decided at this stage. Investigation is not yet completed.

6. In 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/- 31/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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 AT NAGERCOIL.

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

ORDER

IN CRL OP(MD) No.1619 of 2022 Date :31/01/2022 SP/JM/SAR II/09/02/2022/3P/4C