Saran @ Saranraj v. The State By Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.11634 of 2022 Saran @ Saranraj ... Petitioner Vs.

The State by Tamil Nadu ... Respondent Station House Officer Orleanpet P.S.

Transferred to CBCID P.S.

Puducherry.

(Crime No.54 of 2022) PRAYER: Criminal Original Petition filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail pending case in the Crime No.54 of 2022 (On the file of the Station House Officer, Orleanpet Police Station and transferred to CBCID PS, Puducherry). For Petitioner : Mr.M.Illiyas For Respondent : Mr.V.Balamurugane Public Prosecutor (Pondy)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.03.2022 for the offence under Sections 489(A)(B)(C)(D) IPC r/w 34 IPC in crime No.54 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 07.03.2022, at about 16.30 hours at T.V.Salai, Siva Wines, Puducherry, the petitioner along with 3 others had in furtherance of common intention used counterfeit currency of Rs.500/- note as genuine currency for the purchase of liquor bottles and the petitioner and three others were also possessed the machine for making the counterfeit currency notes and made counterfeit currency for making transaction as genuine. Hence, the case was registered against the petitioner.

3.Learned counsel appearing for the petitioner would submit that there are totally 12 accused in this case and the petitioner is arrayed as A9. He would further submit that only on the confession of the 6th accused, the petitioner has been implicated as accused. He added that the petitioner was arrested and remanded to judicial custody on 08.03.2022.

4.Learned Public Prosecutor (Puducherry) would submit that there are 12 accused in this case and the petitioner is arrayed as A9. He added that the petitioner is the person, who printed the counterfeit notes to the value of Rs.3 lakhs and he was also present at the scene of occurrence and he was arrested at the time of printing the counterfeit 500 rupees currency. He added that the petitioner has no previous bad antecedents.

5.Considering the above facts and circumstances of the case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner. 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 blood sureties, each for a like sum to the satisfaction of the learned Judicial MagistrateII, Puducherry, 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 stay at Chennai and report before F2 Egmore Police Station daily at 10.30 a.m., and 5.30 p.m. for a period of four weeks and thereafter, report before the respondent police daily at 10.30 a.m. until further orders for interrogation. [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 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.

-sd/- 07/06/2022 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, PUDUCHERRY.

2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR PUDUCHERRY.

4 THE STATION HOUSE OFFICER, ORLEANPET POLICE STATION, TRANSFERRED TO CBCID POLICE STATION, PUDUCHERRY.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUDUCHERRY.

6 THE OFFICER INCHARGE F-2, EGMORE POLICE STATION, CHENNAI.

+1 CC to M/S. M. ILLIYAS Advocate on payment of necessary charges SR.NO.8573 CRL OP.11634/2022 Date :07/06/2022 TA-07/06/2022