Arulchinappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of May Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD)No.6600 of 2021 Arulchinappan ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Kalaiyarkoil Police Station, Kalaiyarkoil, Sivagangai District.

Crime No.148 of 2021 ... Respondent/Complainant For Petitioner : M/s.Kumaraguru.V.S., Advocate.

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

PRAYER :- For bail in crime No. 148 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who was arrested on 12.04.2021 for the offence punishable under Sections 420, 511 I.P.C and Section 7 of the Specified Bank Notes (Cessation of Liabilities) Act, 2017, in Crime No.148 of 2021 on the file of the respondent police, seeks bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3.It is seen from the submission that on 11.04.2021 at about 19.00 hours, while the respondent police doing routine work, they have seen the accused persons near the Church at Valayampatti Village with suspicious situation, when they were enquired, it

reveals that, the accused Nos. 1 and 2 possessed the banned Indian Currency notes with an intention to change the new currency from accused No.3 Hence, the complaint.

4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Based on the confession statement given by the first accused, the petitioner has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 12.04.2021 onwards. Hence, he seeks bail.

5.The learned Government Advocate (Crl.Side),on instructions, submitted that the petitioner possessed the banned Indian Currency notes, amounting to Rs.4,00,80,000/-. He further submitted that the investigation is in preliminary stage. Therefore, he strongly opposes this petition.

6.Considering the facts and circumstances of the case and also the fact that the investigation is in preliminary stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 12/05/2021 / TRUE COPY / / /2021 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI. 2 THE INSPECTOR OF POLICE KALAIYARKOIL POLICE STATION, KALAIYARKOIL, SIVAGANGAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6600 of 2021 Date :12/05/2021 SM/MSA CSL/MNR/SAR-IV/20.05.2021