Gunaseelan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.05.2021 CORAM :

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8860 of 2021 Gunaseelan ..Petitioner Vs The Inspector of Police, Central Crime Branch - Document and Forgery Cell, Chennai - 7.

..Respondent Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.529 of 2018 pending on the file of the Inspector of Police, Central Crime Branch, Chennai District.

For Petitioner : Mr.M.Mohammed Saifulla For Respondent : Mr.Charles Premkumar, Govt. Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) Heard the learned counsel on either side.

2. The petitioner figured as an accused in Crime No.529 of 2018 registered on the file of the respondent/police for the offence under Sections 406,408,420,465,467,468,471,120(b) IPC in Crime No.529 of 2018.

3. The petitioner is in custody since 04.03.2021. The co-accused appears to have been released on bail.

4. Taking into account the over all facts and circumstances, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Metropolitan Magistrate Court for Exclusive Trial of CCB Cases, Egmore, Chennai, and on further conditions that: (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall not commit any offences of similar nature; (d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

5. With the above directions, this Criminal Original Petition is ordered.

-sd/- 06/05/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE METROPOLITAN MAGISTRATE COURT FOR EXCLUSIVE TRIAL OF CCB CASES, EGMORE, CHENNAI.

2 THE CHEIF METROPOLITAN MAGISTRATE, EGMORE [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH - DOCUMENT AND FORGERY CELL, CHENNAI - 7.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.MOMAMED SAIFULLA Advocate on payment of necessary charges CRL OP.8860/2021 Date :06/05/2021 MN-10/05/2021