M.Loganathan v. The State By The Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN M.Loganathan ... Petitioner / A12 Vs.

The State represented by, The Inspector of Police, CBCID - North Police Station, Cuddalore District.

(Crime No.01 of 2024). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.01 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.A.Murugavel For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 27.01.2025, seeking bail in Crime No.01 of 2024 registered for the offence under Sections 465, 468, 472, 471 r/w 511 of IPC and subsequently altered to Sections 468, 472, 471 r/w 511, 120(B), 201 and 420 of IPC.

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2. The case of the prosecution is that, petitioner along with other accused had formed an Association in the name of All India Siddha Doctors Association, Trichy; and issued forged certificates including Siddha Doctor certificates of Annamalai University and others, to the unqualified persons. Hence, the case.

3.This is the second bail application filed by the petitioner. Though the earlier bail petition of the petitioner was dismissed on 13.02.2025 in Crl.O.P.No.3701 of 2025 by my learned predecessor, Hon'ble Justice T.V.Thamilselvi, this petition is listed before this Court pursuant to the orders passed by the Hon'ble Division Bench of this Court in Crl.O.P.No.31787 of 2024 on 04.03.2025.

4.Learned counsel appearing for the petitioner submitted that the petitioner is only the driver of A1; that co-accused in this case were enlarged on bail by this Court in Crl.O.P.Nos.27477 of 2024 and Crl.O.P.No.5684 of 2025; and in any case, the petitioner is in custody from 27.01.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

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5.Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the petitioner is the distributor of the fake certificates and he had also received monies and that as on date, 2000 certificates have been seized.

6.Heard the learned counsel on either side and perused the materials available on record.

7.Considering the aforesaid facts; the nature of allegations, the period of incarceration; the fact that co-accused were enlarged on bail by this Court in Crl.O.P.No.27477 of 2024 and Crl.O.P.No.5684 of 2025 and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Cuddalore, Cuddalore District, and on further conditions that:

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[a] 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 everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[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 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 B.N.S.

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To

1. The Judicial Magistrate No.1, Cuddalore, Cuddalore District. 2.The Inspector of Police, CBCID - North Police Station, Cuddalore District.

3. The Superintendent, Central Prison, Cuddalore, Cuddalore District.

5. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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