S.Sambantham v. The State Rep. The Station House Officer, Grand Bazar Police Station, Pondichery

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 468 and 471 of IPC, in Crime No.324 of 2022, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant/Dhanraj, who is the Law Officer of U.T. of Puducherry Legal Services Authority is that the petitioner/accused had fabricated the court summons and sent it to the General Manager of PIPDC limited. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner had filed complaint against the General Manager which was pending in Petition No.136 of 2019 before the Union Territory of Puducherry Legal Services Authority. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Public Prosecutor (Puducherry) appearing for the respondent would submit that the earlier complaint filed by the petitioner in Petition No.136 of 2019, was already disposed on 16.07.2021, wherein, he had manipulated and fabricated of Court summons and sent it to the General Manager, PIPDIC limited. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on records.

6. Considering the above facts and circumstances of the case and the submissions made on both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned

CJM Court, Puducherry, on condition that the petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall stay at Karaikal and report before the Karaikkal Police Station every day at 10.30 a.m., and evening 5.30 p.m., and thereafter as and when required for interrogation. [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 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.

10.03.2023 jas

A.D.JAGADISH CHANDIRA, J.

jas 10.03.2023