S.Karthikeyan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6946 of 2022 AND CRL.M.P.No.4196 of 2022 S.Karthikeyan .. Petitioner Vs.

The State rep. by .. Respondent The Inspector of Police, District Crime Branch, Coimbatore-18.

(Crime No.3 of 2022) T.JAGANKUMAR [PETITIONER /DE-FACTO COMPLAINANT] [ORDERED AS PER ORDER OF THIS COURT DATED 06/04/2022 IN CRL.MP.4196/2022 IN CRL.O.P.NO.6946/2022] PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.3 of 2022 on the file of the respondent police. For Petitioner : Mr.P.M.Duraiswamy For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor For Intervenor : Mr.R.John Sathyan

ORDER

The petitioner, who was arrested for the alleged offences under Sections 418, 420, 409, 468, 471, 477A and 120(B) of IPC in Crime No.3 of 2022, on the file of the respondent police, seeks bail. 2.Considering the fact that the petitioner was arrested on 10.02.2022 for the alleged offences under sections 418, 420, 409, 468, 471, 477A and 120(B) of IPC on the allegation that he has given fake valuation certificate enabling the other accused to avail loan to the tune of Rs.10.65 crores to cheat the defacto complainant, earlier

this Court dismissed the bail petition filed by the petitioner. Now, the learned Additional Public prosecutor states that the specimen signature of the accused has already been obtained and the same was forwarded for comparison by the experts.

3.Taking note of the fact that the custodial interrogation of the petitioner is no more required in this case and the specific plea of the petitioner is that the alleged valuation certificates were not signed by him and it was forged by somebody else, this Court is of the view that the petitioner may be granted bail. Accordingly, the 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.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sulur, Coimbatore District; (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 report before the Investigating Officer daily at 10.30 a.m. for a period of 30 days from the date of release and cooperate for the investigation.

(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/- 06/04/2022 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, SULUR, COIMBATORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, COIMBATORE-18.

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

+1 CC to M/S P.M.DURAISWAMY Advocate on payment of necessary charges SR.NO.5245 CRL OP.6946/2022 AND CRL.M.P.No.4196 of 2022 Date :06/04/2022 TA-07/04/2022