M.Rajaram v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO's. 1470 and 1471 of 2025 1.M.Rajaram 2.K.Karthik Petitioner(s) Vs The State Represented By, The Inspector of Police, Lawspet Police Station, Pondhicherry.
Crime No.194 of 2024 Respondent(s) For Petitioner(s):
Mr.S.Prabhu For Respondent(s):
Mr.K.S.Mohandass Public Prosecutor (Puducherry)
ORDER
Apprehending arrest in connection with Crime No.194 of 2024 registered for the offences punishable under Sections 336(3) and 340(2) of BNS, 2023, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this court. He would submit that this is second application for anticipatory bail. He would
submit that the arrested accused was granted bail by this Court in Crl.O.P.No.32605 of 2024. He would submit that the petitioners are working under one Saaju, who was conducting a NEET coaching centre at Chennai, and that the petitioners had helped the students by uploading the documents, other then that, they have not committed any offence. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Public Prosecutor (Puducherry) appearing for the respondent police, opposing for grant of anticipatory bail is that, the accused attempted to secure seats under the NRI quota by producing fake NRI certificates by furnishing fake documents. He would submit that earlier anticipatory bail was dismissed to the petitioners and this is second application for anticipatory bail. He would further submit that the investigation is still pending.
4. Having heard the learned counsel for the petitioners, the learned Public Prosecutor (Puducherry) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Puducherry, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties, each 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] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble
A.D.JAGADISH CHANDIRA , J.
dsn Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
29.01.2025 dsn 29.01.2025 (2/2)