Anandhi v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468, 471 of IPC, in Crime.No.182 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had secured a Government job as Teacher by producing fabricated educational certificate. Hence the case.
3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely roped into this case. He submitted that the petitioner has joined as a Government School Teacher 23 years ago and she has been rendering unblemished service. He submitted that earlier a complaint was given and the certificate was verified. He further submitted that the petitioner has obtained her educational certificate after attending the Fathima Teacher Training Institute for Men and Women, Chengam, and after 23 years based on a
motivated complaint a case has been registered. He submitted that the petitioner has now been suspended from service and she is also facing enquiry and the entire case of the prosecution is born out by documents.
4. The learned Government Advocate (Criminal Side) for the respondent submitted that the petitioner had secured a Government job as Teacher by producing fabricated educational certificate. He submitted that the investigation is still pending. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by Counsel on either side, 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 Metropolitan Magistrate for the exclusive trial of CCB Cases, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five 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 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 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., for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; A.D.JAGADISH CHANDIRA, J.
gbi [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]; and;
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
16.03.2023 gbi