Elvin Selva Kumari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eleventh day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5186 of 2022 ELVIN SELVA KUMARI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, TIRUVALLUR CRIME NO.NOT KNOWN OF 2022 For Petitioner : R.C.PAUL KANAGARAJ Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 420, 465, 468 of I.P.C in Crime No.75 of 2022, seeks anticipatory bail.

2. The petitioner herein apprehending arrest by the respondent police for producing fake 10th standard mark sheet and serving as Teacher. This fake 10th standard certificate is of the year 1982. Presently, the petitioner is working as Head Master. There is ample evidence to show that the 10th standard certificate of the petitioner is a fake document and necessary action should be taken for production of fake document both departmentally as well as Criminal action. However, for that purpose, custodial interrogation and arrest of the petitioner may not be required. Only enquiry and investigation, giving fair opportunity to the petitioner is required.

3. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this

order, before the learned Judicial Magistrate, Uthukottai, on condition that the petitioners shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakhs 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 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 Court concerned 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 daily at 10.30 a.m., until for orders. The petitioner shall not cross the jurisdiction limit of Chennai and Thiruvallur District, without the permission of Investigating Officer.

(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 anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/03/2022 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, UTHUKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, TIRUVALLUR 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to R.C.PAUL KANAGARAJ Advocate on payment of necessary charges SR.NO.3843 CRL OP.5186/2022 Date :11/03/2022 JPA 16/03/2022