K.Saravanan v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2022
CORAM:
THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.1518 of 2022 in Crl.M.P.No.1160 of 2022
1. K. Saravanan
2. S. Manogar .. Petitioners Vs.
1.The State of Tamil Nadu rep. by The Inspector of Police, CCB - II, Chennai (Crime No.126 of 2021) 2.The Sub Registrar, Pallavaram.
(R2 suo-motu impleaded as per order in Crl.O.P.1518 of 2022 dated 25.01.2022) .. Respondents PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending trial in Crime.No.126 of 2021 on the file of the respondent police. For Petitioners : M/s.S.S.Jayanthi For R-1 : M/s.G.V.Kasthuri Additional Public Prosecutor For R-2 : Mr.R.P.Murugan Raja For Intervenor : M/S T.RAJKUMAR
O R D E R
The petitioners, who were arrested for the offences punishable under Sections 465, 467, 468, 471 of IPC read with 34 of IPC in Crime No.126 of 2021, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners along with the other accused cheated the defacto complainant by creating forged and fabricated documents.
3.Learned Additional Public Prosecutor appearing for the respondent submitted that both the petitioners who arrayed as A4 and A5 were arrested and remanded to judicial custody on 17.12.2021 for cheating the defacto complainant along with the other accused by creating forged and fabricated documents.
4. Learned counsel for the petitioners would submit that the petitioners may be granted bail on any stringent conditions imposed by this Court and they would cooperate for the investigation. 5.Considering the facts and the submissions made, these petitioners are ordered to be released on bail subject to the following conditions;
(a) Each of the petitioners shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram.
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioners are directed to appear before the Investigation Officer daily at 10.30 a.m. until further orders and shall not leave Chennai without prior permission by this Court. Any violation of the conditions will ensure automatically cancellation of the bail granted.
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Judicial 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 Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
The connected intervening petition in Crl.M.P.No.1160 of 2022 is closed.
-sd/- 03/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.I, TAMBARAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL, CHENNAI 4 THE SUB REGISTRAR, PALLAVARAM.
5 THE DISTRICT REGISTRAR, PALLAVARAM, CHENNAI.
6 THE INSPECTOR OF POLICE, CCB-II, CHENNAI 7 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. S.S.JAYANTHI Advocate on payment of necessary charges SR.3252(29/03/2022) CRL OP.1518/2022 in Crl.M.P.No.1160 of 2022 Date :03/03/2022 RVR 04/03/2022