Sitharthan v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.03.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Sittharthan S/o. Veeramuthu ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Ramanatham Police Station, Cuddalore District.
... Respondent [Cr. No.248 of 2024] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Cr. No.248 of 2024 on the file of the respondent police. For Petitioner : Ms. S. Renukadevi For Respondent : Mr. S. Santhosh, Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 468, 420 and 1/6
471 of IPC in connection with the case in Cr. No.248 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had joined the service as a Teacher in a Government School by producing fake Mark Sheet and Convocation Certificate on 28.07.1999 and thus, committed the aforesaid offences.
3. The learned counsel for the petitioner would contend that the allegations against the petitioner are false; that the petitioner had worked as a Teacher for nearly 25 years; that when he was due to retire, he was suspended from service; that the instant complaint has been lodged belatedly; and that in any case, custodial interrogation of the petitioner is not required and hence prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to 2/6
the petitioner, reiterated the prosecution case and on instructions, submitted that the petitioner has not been suspended from service and the investigation is pending.
5. The allegations against the petitioner is that the petitioner had produced fake certificates in the year 1999. He haed worked for 25 years. He has now been suspended from service. The allegations are borne out by records. Considering the aforesaid facts and nature of allegations, this Court is of the view that the custodial interrogation of the petitioner is not required for the purpose of investigation. Therefore, this Court is inclined to grant anticipatory bail to the petitioner on 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 a copy of this order, before the learned Judicial Magistrate, Tittakudi, Cuddalore District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 3/6
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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 daily at 10.30 a.m. until further orders;
[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 4/6
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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
26.03.2025 mjs To 1.The Judicial Magistrate, Tittakudi, Cuddalore District.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Ramanatham Police Station, Cuddalore District SUNDER MOHAN. J., mjs 5/6
26.03.2025 6/6