Kesavan v. The Inspector Of Police

CRL OP(MD). No.13808 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.13808 of 2020 Kesavan ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, District Crime Branch, Ramanathapuram District.

Crime No.54 of 2020 ... Respondent/Complainant For Petitioner : Mr.M.Subash Babu, Advocate.

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

PRAYER :- For Bail in Crime No.54 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 26.09.2020 for the offences punishable under Sections 119, 420, 465, 468 and 471 of IPC on the file of the respondent police seeks bail.

2.The case of the prosecution is that the case was registered on the basis of complaint given by the Chief Education Officer of Ramanathapuram District against one D.Rajesh stating that he joined duty as Junior Assistant in the Government Higher Secondary School at Sikkal in Ramanathapuram District on 23.09.2020. But on verifying the authenticity of the said document it was found to be forged. On the basis of the said complaint a case in Crime No.54 of 2020 was registered by the respondent and on arrest of Rajesh, his confession was recorded and based on his confession this petitioner herein was arrested and a case was registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not involve any offence as alleged by the prosecution. He would also submit that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13808 of 2020 petitioner was acting as middle man only for getting job. Hence, he seeks bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police strongly opposed to grant bail to the petitioner. He submitted that this petitioner is working as Assistant in the B.D.O's Office at Paramakudi and the material witnesses in this cases are their colleagues and therefore, there is a possibility of influencing the witnesses if he enlarged on bail.

5. Considering the facts and circumstances of the case and considering the fact that the gravity of offence is very serious in nature and there is a possibility of influencing the witnesses and if, the petitioner enlarged on bail and the prima facie case has been established against the petitioner, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, the Criminal Original Petition stands dismissed. sd/- 02/12/2020 / TRUE COPY / / /2020 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 JUDICIAL MAGISTRATE NO II, RAMANATHAPURAM. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, RAMANATHAPURAM DISTRICT.

4.THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER IN CRL OP(MD) No.13808 of 2020 Date :02/12/2020 TK/PN/SAR.3/04.12.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2