S Kuppuraj v. State Rep. By The Inspector Of Police
CRL OP NO. 1223 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1223 of 2025 S Kuppuraj @ Sampath No. 49/42, 4th Avenue, Sarvamangala Colony, Sri Devi Colony, Ashok Nagar, Chennai- 600 083S/o S.Sivaraman, No. 49/42, 4th Avenue, Sarvamangala Colony, Sri Devi Colony, Ashok Nagar, Chennai- 600 083 Petitioner(s) Vs State Rep. by the Inspector of Police CCB - Central Crime Branch - II, EDF -III, Vepery, Chennai. CRIME No.234 of 2024) Respondent(s) For Petitioner(s):
Mr.Naveen Kumar Murthi For Respondent(s):
S.Santhosh Government Advocate (criminal Side) Madras High Court.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 336(2), 336(3), 337, 340(2), 318(4) r/w 62 of BNS, 2023 in Crime No.234 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. Learned counsel appearing for the petitioner would submit that petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and falsely implicated in this case. He would further submit that the petitioner is not a student and he only uploaded the documents given by the students and the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court. Therefore, he prayed for grant of anticipatory bail to the petitioner. 3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police who is opposing for granting of anticipatory bail to the petitioner is that, the accused attempted to secure MBBS seat under the NRI quota by furnishing fabricated documents.
4. Heard the learned counsel for the petitioner, the learned Public Prosecutor (Pondy) appearing for the respondent police and perused the materials available on record including the FIR.
5. Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 Metropolitan Magistrate for exclusive trial of CCB Cases (Relating to Cheating cases in Chennai) and CBCID Metro cases on condition that the petitioner shall execute a separate 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 identity. [b] the petitioner shall report before the respondent police on everyday at 10:30 a.m for a period of two weeks and thereafter, every Saturday at 10.30 a.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
22-01-2025 msv To Inspector of Police CCB - Central Crime Branch - II, EDF -III, Vepery, Chennai.