Korrapati Manoj Kumar v. State Of Tamil Nadu Represented By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Korrapati Manoj Kumar

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Central Crime Branch - II, Chennai.

(Crime No.19 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in Crime No.19 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.Jeeva For Respondent :

Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent, seeking anticipatory bail in Crime No.19 of 2025 registered for the offence under Sections 336(2), 336(3) and 340(2) of BNS, 2023.

2. The case of the prosecution is that A1 was found in possession of forged degree certificates; that on enquiry, it was revealed that A2, the petitioner herein had prepared the forged certificates and handed over the same to the first accused for the purpose of getting admission in the Universities in UK and also for the visa process on payment of Rs.30,000/-.

3. The learned counsel for the petitioner submitted that the allegations are false and he is sought to be implicated on the confession of the coaccused; that the petitioner has nothing to do with the alleged offence committed by A1 and that he has no bad antecedents and he sought for anticipatory bail.

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4. The learned Government Advocate (Crl.Side) reiterated the prosecution and submitted that the petitioner received Rs.30,000/- from A1 who was found in possession of fake degree certificates and had prepared the forged certificates and further submitted that the respondent had not chosen to arrest A1 and a Section 41A Cr.P.C. notice was issued to him for the purpose of investigation.

5. Considering the aforesaid facts, nature of allegation, the fact that the respondent had not chosen to arrest A1, the fact that the petitioner herein has no bad antecedents 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 with certain conditions. 6.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 copy of this order, before the learned Metropolitan Magistrate for the Exclusive Trial of CCB Cases in Chennai and CBCID Metro Cases, Egmore, Chennai, on condition that the petitioner Page No.3 of 6

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, on further condition that:

[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.

04.03.2025 Page No.4 of 6

rkp Copy to:

1.The Inspector of Police, Central Crime Branch - II, Chennai.

2.The Metropolitan Magistrate for the Exclusive Trial of CCB Cases in Chennai and CBCID Metro Cases, Egmore, Chennai. 3.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

rkp 04.03.2025 Page No.6 of 6