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Madras High CourtCRL OP/9132/2025granted

Rengarajan v. The State Rep By, The Inspector Of Police,

2025-04-01Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.9132 of 2025 Rengarajan ... Petitioner/Accused-3 Vs.

The State represented byThe Inspector of Police, CBCD Police Station-OCU Unit, Coimbatore District.

(Crime No.01 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.01 of 2024 pending investigation on the file of the respondent Police. For Petitioner : Mr.K.Gandhi Kumar For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 07.03.2025, seeking bail in Crime No.01 of 2024 registered for the offence under Sections 419 & 109 of IPC altered into under Sections 109, 120B, 409, 419, 465, 468, 471 and 420 of IPC. 1/5

2. The case of the prosecution is that the petitioner is a lawyer by profession; that the case was registered on the complaint given by the Registrar General, Madurai Bench of Madras High Court stating that one Amutha was impersonated and certain persons has offered sureties in her name to the accused persons in various cases and that the petitioner as a lawyer had arranged A1 to offer surety and thus committed the aforesaid offence. 3.The learned counsel appearing for the petitioner submits that the petitioner is innocent and that the petitioner had only asked the first accused to stand as surety and he has not asked her to impersonate as Amutha; that petitioner is in judicial custody from 07.03.2025 and that in any case, further custody of the petitioner is not required and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the case was registered on the complaint lodged by the Registrar General, Madurai Bench of Madras High Court and that the petitioner was implicated as an accused based on the confession statement of A1 who had stated that the petitioner/A3 had asked her to stand as surety and that the investigation is pending. 2/5

5. Considering the nature of allegations against the petitioner and the period of incarceration and the fact that A1 was arrested and released on bail, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Coimbatore.

[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; 3/5

[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.

01.04.2025 rkp To 1.The Chief Judicial Magistrate, Coimbatore.

2.The Inspector of Police, CBCD Police Station-OCU Unit, Coimbatore District.

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

rkp Crl.O.P.No.9132 of 2025 01.04.2025 5/5