Crl.O.P.No.2803 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.2803 of 2023

Kanthavel Raja,

S/o.Balasubramanian

.. Petitioner

Vs.

State represented by

The Inspector of Police,

Muthialpet Police Station,

Chennai.

(Crime No.346 of 2022)

.. Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail in Crime No.346 of 2022 on

the file of the respondent police.

For Petitioner

:

Mr.A.Arun Kumar

For Respondent

:

Mr.S.Vinoth Kumar

Govt. Advocate (Crl. Side)

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Crl.O.P.No.2803 of 2023

O R D E R

The petitioner, who was arrested and remanded to judicial custody on

30.12.2022 for the alleged offence under Sections 420 of I.P.C. and

subsequently it was alterered into Sec.170, 448, 386, 420 of I.P.C. and it

was further altered into Sec.120(B), 170, 395 r/w 149 and 34 of I.P.C. in

Crime No.346 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the defacto complainant is doing

business in Burma Bazaar. While being so, on 13.12.2022 around 09.30

p.m., the petitioner along with other accused went to his shop and posed

themselves as NIA officials and had taken away 6 mobile phones, laptop,

CPU and a cash of Rs.10 lakhs from the shop and also another sum of Rs.10

lakhs from the premises, where the staff of defacto complainant are

residing, thereby they cheated them. Hence, the complaint was registered

against the petitioner.

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Crl.O.P.No.2803 of 2023

3. The learned counsel appearing for petitioner submitted that the

defacto complainant borrowed a sum of Rs.2 crores from A1, which was not

repaid by him even repeated requests made by him. So, for recovery of

money, A1 approached one Raja, who in turn introduced this petitioner and

having conspired together, they introduced themselves as NIA officials, and

taken away a cash of Rs.10 lakhs. He would further submit that having the

complainant gave a complaint stating that the petitioner along with other

accused robbed a sum of Rs.20,00,000/- from his shop, however, now he

claimed that a sum of Rs.2.30 crores was involved in this case, which itself

shows that complaint itself was malafide one and moreover, he is not in

clean hands. He would submit that he is no way connected with the offence

and he has not committed any of offence as alleged by the respondent

police. He would also submit that he has been falsely implicated in this

case and he will abide by any condition that may be imposed by this court.

He would also submit that the petitioner has been suffering incarceration for

more than 39 days from 30.12.2022. Hence, he prayed to grant bail to the

petitioner.

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Crl.O.P.No.2803 of 2023

4. The learned Government Advocate (Crl. Side) appearing for

respondent would submit that totally there are 16 accused involved i this

case and this petitioner is arrayed as A4. He would also submit that having

introducing the petitioner along with other accused as NIA officials, they

robbed a sum of Rs.2,30,00,000/-, in which a sum of Rs.1,67,00,000/- was

recovered. He would submit that some of the accused are still absconding.

He would submit that identification parade was conducted and report is

awaited. He would submit that if he is released on bail, he would hamper the

investigation and tamper the witnesses and the investigation is almost

completed. However, he would vehemently opposed to grant bail to the

petitioner.

5. Considering the above facts and circumstances and also the fact

that identification parade was conducted, the investigation is almost

completed, and admittedly, a sum of Rs.1,67,00,000/- was already recovered

from them out of total amount of Rs.2,30,00,000/- involved in t