Kannan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3250 of 2018 KANNAN ... PETITIONER/A-7 Vs STATE THROUGH THE SUB INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, THENI DISTRICT.

CRIME NO.57/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.K.MANICKAM, Advocate For Respondent : M/S.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A7, who was arrested and remanded to judicial custody on 04.02.2018, for the offences punishable under Sections 489-B and 489-C I.P.C., in Crime No.57 of 2018, on the file of the respondent police seeks bail.

2.The case of the prosecution is that based on the secret information, on 04.02.2018, the respondent police conducted a raid near Aanaikulai in Cumbum-Gudalur Main Road, at that time, they found that A1 to A4 had possessed the counterfeit currency notes of Rs.2,66,000/-. Hence, a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has been falsely implicated in this case, further added that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 04.02.2018 onwards. Hence, he prays for bail.

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4.The learned Government Advocate(Criminal Side) appearing for the State submitted that totally there are seven accused in this case. The petitioner herein is arrayed as A7. During the time of occurrence, the petitioner and other accused were found in possession of Rs.2,66,000/- counterfeit currency notes. According to him investigation is still pending. Hence, he vehemently opposed to grant bail to the petitioner.

5.The submissions made by the learned counsel appearing on either side are considered. It is alleged that during the time of occurrence, the petitioner and other accused in this case were found in possession of counterfeit currency notes to the tune of Rs.2,66,000/-. Even though, on go through the CD file, 10 numbers of 2000 Rupee notes were recovered from this petitioner, the offence committed by the petitioner is nothing against the individual, but against the society. Thereby, considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

sd/- 01/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, THENI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3250 of 2018 Date :01/03/2018 PK/CSL/SAR-3/06.03.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/