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G. JAYACHANDRAN
P. Murugesan – Appellant
Versus
State Rep. by Inspector of Police, CBCID, Tiruppur – Respondent
JUDGMENT
(Prayer: This Criminal Original Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.2/2021 pending investigation on the file of the respondent.)
1. The Petition for bail is filed by first accused facing investigation for alleged offences under section 120(B), 193, 201, 205, 209, 419, 420, 466 of I.P.C on the ground that the petitioner has repaid the money alleged to have been cheated by impersonation and forgery and no further investigation against him is required.
2. Heard the Learned Counsel for the petitioner and the Additional Public Prosecutor for the state. The Petition and counter perused.
3. The petitioner claims himself as Lawyer and member of Kangayam Bar for the past 28 years. The respondent police alleges that, he is also a forger of Court records, fraudster and cheat.
4. The First Information Report dated 28/07/2021 in short says, in M.C.O.P No.911/2011 filed by the petitioner on behalf of K.Balasubramaniam and Eshwari, the Tribunal has passed award of Rs.1,00,000/- to Balasubramaniam and Rs.2,44,000/- to Eshwari on 21/01/2013. On petition, the award amount was disbursed by way of cheques on 10/04/2015. The photogra
The denial of bail was based on the risk of tampering with evidence and hindrance to the ongoing investigation, considering the serious nature of the alleged offenses and the petitioner's past conduc....
Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evide....
The main legal point established is that anticipatory bail may be granted with stringent conditions when there are valid grounds and the petitioner is willing to cooperate in the investigation.
Point of Law : Court finds that the present is not a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour.
The main legal point established in the judgment is that specific allegations and the need for effective investigation can influence the court's decision in bail petitions.
Anticipatory bail can be granted when there is insufficient evidence to justify the arrest of the accused.
The main legal point established is the need to balance the protection of personal liberty with the requirements of the investigation when considering a request for anticipatory bail.
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