Muniyappan v. State By

Crl.O.P.No458 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/accused in Crime No.220 of 2023 registered by the respondent police for the offences punishable under Sections 420, 465, 468, 471 of IPC seeks anticipatory bail .

2. The petitioner, was working as a Secretary of Kovilpattu Village Panchayat from 01.06.2006. It is alleged that he had produced fraudulent 10th Standard mark sheet belonging to some other person and had joined duty. This had now been found out when the petitioner was to be promoted. It is stated that after enquiry the petitioner had been suspended.

3. The respondent may investigate and file a final report. It is seen from the counter they had already examined eight witnesses and collected documents.

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4. In view of that fact, the substantial progress has been made in the investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Nagapattinam District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their 2/4

identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner must disclose all information known to him about the mark sheet which he had given and how he was able to give a fraudulent mark sheet at the time of joining service. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN,J.

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