Vidyakar Manthri v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Vidyakar Manthri S/o. Lingamurthy Manthri, Siva Sai Enclave, Flat No. 204, No.8, KVR Valley Road, Mallampet, Medhal District, Telangana - 500090.
Petitioner(s)/A1 Vs The State Rep by, The Inspector of Police, Beta-8, FIW CCB-I. Crime No.24 of 2025.
Respondent(s) Prayer:
Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner / Accused on bail in the event of arrest in Crime No.24 of 2025 pending on the file of the respondent police.
For Petitioner(s): Mr. K.Govindan For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 336(2),336(3) and 340(2) of BNS, 2023 in Crime No.24 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/4
2. The case of the prosecution is that the petitioner had applied for U.S. Visa; that to obtain the said visa he had furnished false information and fabricated the supporting documents; that the same was unearthed by the Overseas Criminal Investigator on behalf of the U.S. Consulate General, Chennai who lodged the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent; that he has approached the U.S. Consulate, Chennai to obtain visa; that the allegation against him is false and in any case custodial inteerogation of the petitioner is not required for the purpose of investigation and hence, he prayed for anticipatory bail.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the petitioner had submitted false documents and has given false information in the visa application; that the case is under investigation and hence, opposed the grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned 2/4
Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6. Considering the submissions made on either side; that the allegation against the petitioner is borne out by records and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (a) 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 of receipt of a copy of this order, before the Chief Metropolitan Magistrate, Egmore on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[b] the petitioner shall report before the respondent police every day 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. SUNDER MOHAN, J.
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[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 BNS.
18.02.2025 vca To The State Rep by, The Inspector of Police, Beta-8, FIW CCB-I.
Crime No.24 of 2025.
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