Chandru v. The State Rep By

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.3912 of 2022 Chandru ... Petitioner Vs.

The State rep. by The Inspector of Police, CCB-II, ALGSC-II, Chennai.

(Crime No.126 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in connection with the case in Crime.No.126 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.R.Prabakar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested for the offences punishable under Sections 465, 467, 468, 471 of IPC and 34 of IPC in Crime No.126 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner 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 the petitioner who arrayed as A6 was arrested and remanded to judicial custody on 28.12.2021 for cheating the defacto complainant along with the other accused by creating forged and fabricated documents.

4. Learned counsel for the petitioner would submit that the petitioner may be granted bail on any stringent conditions imposed by this Court and he would cooperate for the investigation. 5.Considering the facts and the submissions made, these petitioner is ordered to be released on bail subject to the following conditions;

(a) The petitioner 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 petitioner is 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 petitioner 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 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 229A IPC.

-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 CHENGALPET [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, CCB-II, ALGSC-II, CHENNAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. R.PRABAKAR Advocate on payment of necessary charges SR.NO.3261 CRL OP.3912/2022 Date :03/03/2022 JPA 04/03/2022