Raja R v. The State Rep By Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.04.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN Raja.R ... Petitioner / Accused Vs State rep. by:- The Sub-Inspector Of Police, Latheri Police Station, Vellore District.

... Respondent [Cr. No.60 of 2025] 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 Crime No.60 of 2025 on the file of the respondent police. For Petitioner : Mr.Vijaya Sankar For Respondent : Mr. S. Santhosh, Government Advocate [Criminal side]

ORDER

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The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 465, 468, 471 and 420 of Indian Penal Code in connection with the case in Crime No.60 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was working as a Village Administrative Officer; that on the request made by the 1st accused, the petitioner had issued a Death Certificate without proper verification for the mother of the 1st accused stating that she died on 07.01.2022. It is the further case of the prosecution that the mother of the 1st accused is still alive and thus committed the aforesaid offences.

3. The learned counsel for the petitioner would contend that the petitioner is the Village Administrative Officer; that even according to the allegations in the FIR, wrong information was given by the 1st accused to the petitioner; that the allegations against the petitioner are false; and since custodial interrogation of the petitioner is not required, he may be granted anticipatory bail.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that the petitioner, as a Village Administrative Officer, ought to have verified the statement made by the 1st accused and he had issued death certificate without verification of facts.

5. Considering the aforesaid facts and the 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 District Munsif-cum-Judicial Magistrate, Gummidipoondi on 3/6

condition that the petitioner 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 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 appear 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 4/6

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 abscond, a fresh FIR can be registered under Section 269 B.N.S.

02.04.2025 mjs To 1.The District Munsif-cum-Judicial Magistrate, Gummidipoondi.

2. The Public Prosecutor, High Court, Madras.

3. The Sub-Inspector Of Police, Latheri Police Station, Vellore District. SUNDER MOHAN. J., mjs 5/6

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