Jagan @ Jayachandran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.NIRMALKUMAR CRIMINAL ORIGINAL PETITION No.11101 of 2022 JAGAN @ JAYACHANDRAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLORE DCB POLICE STATION, VELLORE.
(CR.NO.4 OF 2022) For Petitioner : M/S.C.S.SARAVANAN Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.04.2022 for the alleged offences under Sections 465, 466, 468, 471, 419 IPC and 66(C), 66(D) of I.T.Act in Crime No.4 of 2022 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioner is working as a contract labour in the Aavin Head Quarters. He had sent a mail to the General Manager, Aavin, as though a communication has been received from the District Collector of Vellore to modify the tender condition. Later, on verification, it was found that the signature found in the mail is a forged one.
3. The learned Counsel for the petitioner submitted that the petitioner is a daily wages temporary employee and now, investigation is almost completed and hence, the further incarceration of the petitioner is not needed.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that it is the case of a single accused. The petitioner, on his confession, admitted the offence of forged mail. Hence, he vehemently opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to following conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate-II, Vellore and on further conditions that:- [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 daily at 10.30 am 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 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 229A IPC.
-sd/- 25/05/2022 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 JUDICIAL MAGISTRATE, NO.II, VELLORE 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, VELLORE DCB POLICE STATION, VELLORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges Sr.7912 CRL OP.11101/2022 Date :25/05/2022 RVR 26/05/2022