N.Maheshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21091 of 2021 N.Maheshkumar ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Palayamkottai Police Station, Tirunelveli District (Crime No. 836 of 2021). ... Respondent/Complainant For Petitioner : M/s.Sivasubramanian.A., 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.836 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 04.12.2021 for the offences punishable under Sections 489(C), 489(E) r/w.420 of IPC in Crime No.836 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the first accused borrowed a sum of Rs.10,000/- from the defacto complainant for his emergency purpose and on 03.12.2021 he returned Rs.5000/- to the defacto complainant near the Sudalai temple at about 7.30 pm., The defacto complainant after receiving the money went to his home and found that some of the currencies are fake one. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that some of the co-accused in this case were granted bail by the learned Principal District and Sessions Judge, Tirunelveli. He would further submit that the petitioner is in judicial custody from 04.12.2021, hence he seeks bail.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent opposed the bail petition on the ground that the investigation is still pending. He would further submit that the petitioner is the main accused who has handed over the fake currency notes.

5.Taking note of the fact and circumstances of the case and also the fact that the petitioner is the main accused who has handed over the fake currency notes to A2 to hand over the same to the defacto complainant and the fact that the investigation is still pending, this Court is not inclined to grant bail to the petitioner. `6.In the result, the petition stands dismissed. sd/- 29/12/2021 / 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 Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

2. The Superintendent, Central Prison, Tirunelveli.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.SIVASUBRAMANIAN, Advocate (SR-9810[I] dated 29/12/2021)

ORDER

IN CRL OP(MD) No.21091 of 2021 Date :29/12/2021 https://hcservices.ecourts.gov.in/hcservices/ RS/JC/SAR.4(31.12.2021) 2P-5C