Suleman v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Suleman ... Petitioner Vs.

State rep by The Inspector of Police, Saibaba Colony Police Station, Coimbatore City, Coimbatore.

Crime No.67 of 2023 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.67 of 2023 on the file of the respondent. For Petitioner : Mr.T.Balaji For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.03.2023 for offences under Sections 419, 420, 468 and 471 of IPC in crime No.67 of 2023 on the file of the respondent Police, seeks bail

2. It is the case of the prosecution that the petitioner and other accused persons made other persons to impersonate themselves to write examination for the post of Multi Tasking Staff. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The Additional Public Prosecutor appearing for the respondent police would submit that there are totally four accused and the petitioner is arrayed as A4. The petitioner and other accused persons made other persons to impersonate themselves to write examination for

the post of Multi Tasking Staff . Hence, he opposed to grant bail to the petitioner.

5. There are totally four accused, in which the petitioner is arrayed as A4. The petitioner and other accused persons made other persons to impersonate themselves to write examination for the post of Multi Tasking Staff. Considering the facts and circumstances of the case and also the period of incarceration by the petitioner from 04.03.2023, this Court is inclined to grant bail to the petitioner.

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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.7, Coimbatore 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 a.m. and 05.30 p.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.

[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.

05.05.2023 lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The Judicial Magistrate No.7, Coimbatore.

2.The Inspector of Police, Saibaba Colony Police Station, Coimbatore City, Coimbatore.

3.Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras, Chennai Crl.O.P.No.9146 of 2023 05.05.2023