Thangadurai v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :16.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P. No.11199 of 2025 Thangadurai ... Petitioner/Accused 3 Vs.
The State represented byThe Inspector of Police, CBCID Police Station, Cuddalore District.
(Crime No.1 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.1 of 2024 pending investigation on the file of the respondent Police. For Petitioner : Mr.M.Punitha Deva 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 19.02.2025 seeking bail in Crime No.1 of 2024 registered for the offence under Sections 465, 468, 472, 471 and r/w 511 of IPC, subsequently altered to Section 120(B), 201, 420, 465, 468, 472, 471 r/w 511 of IPC.
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2. The case of the prosecution is that based on the complaint given by the Registrar (In-charge) of Annamalai University that, his staff members have found some of the certificates of Annamalai University in their campus and on verifying the same, it was found to be duplicate certificates, a case in Crime No.1 of 2024 came to be registered for the offence under Sections 465, 468, 471, 472 and 511 of IPC. Later, during the course of investigation, it came to light that the petitioner along with other accused were involved in issuing forged certificates including the Siddha Doctor certificates of several universities for illegal gain. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner was taken to police custody for two days and thereafter, remanded to judicial custody and considering the fact that the similarly placed co-accused have been released on bail in Crl.O.P. Nos.10140, 8451 & 10160 of 2025 dated 08.04.2025 and considering the period of incarceration, he may be released on bail.
4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner has committed serious offences and the investigation is still pending and the petitioner has no bad antecedents and hence opposed for grant of bail.
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5. Considering the nature of allegations, the period of incarceration of the petitioner, the fact that the petitioner was taken under police custody and remanded back to the judicial custody; that the petitioner has no bad antecedents and that the similarly placed co-accused have been released on bail in Crl.O.P. Nos.10140, 8451 & 10160 of 2025 dated 08.04.2025, 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:
7. 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, Cuddalore.
[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., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
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[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 269 B.N.S.
16.04.2025 rkp To 1.The Chief Judicial Magistrate, Cuddalore.
2.The Inspector of Police, CBCID North, Cuddalore Police Station, Cuddalore.
3. The Superintendent, Central Prison, Cuddalore.
4. The Public Prosecutor, High Court of Madras. 4/5
SUNDER MOHAN., J.
rkp Crl.O.P. No.11199 of 2025 16.04.2025 5/5