Karnam Sai Dileep v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13423 of 2022 Karnam Sai Dileep ..Petitioner Vs.

State represented by Inspector of Police, Forgery Investigation Wing, Central Crime Branch - I, Chennai.

Crime No.110 of 2022 ..Respondent PRAYER:- Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in the above said crime No.110 of 2022 pending investigation on the file of the respondent police.

For Petitioner : Mr.N.U.Pressanna For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.05.2022 for the offence under Sections 465, 468, 471 of I.P.C in crime No.110 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is a B.Tech (E.C.E) graduate and he approached one Dreamland Consultancy at Hyderabad to place him in a job at the United States of America. The said consultancy arranged for the appointment for interview with U.S.Consulate at Chennai on 20.05.2022. It is alleged that the petitioner has submitted visa application for travel to United States with false educational certificates and employment documents. Hence, the case was registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner approached a Consultancy firm which arranged for appointment for interview in the U.S. Consulate at Chennai on 20.05.2022. When the petitioner attended the interview, he was questioned as to whether he studied in the Anna University for which the petitioner answered that he is a student of Vidya Jyothi Institute of Technology, Hyderabad. Therefore, the U.S. consulate officials alleged that the certificates produced by the petitioner does not match with the answer given by the petitioner. Therefore, he was arrested and remanded to judicial custody for the reason that he produced fabricated educational documents. Admittedly, the petitioner have completed his B.E. (E.C.E) degree at Vidya Jyothi Institute of Technology, Hyderabad.

When the petitioner approached agency to get a job at United States of America, they arranged some documents to get interview at U.S. Consulate at Chennai. He has no knowledge about the documents which were produced before the U.S. Consulate while arranging interview for the petitioner. Petitioner is an innocent person and he has been falsely implicated in the present case and he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner has submitted visa application for travel to United States with false educational certificates and employment documents. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsels, this Court is inclined to grant bail to the petitioner with certain 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 Chief Metropolitan Magistrate, Egmore, Chennai 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 for a period of two weeks and thereafter as and when required.

[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.

-sd/- 10/06/2022 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 CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE INSPECTOR OF POLICE, FORGERY INVESTIGATION WING, CENTRAL CRIME BRANCH-I, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.N.U.PRESSANNA Advocate on payment of necessary charges SR.No.8801 CRL OP.13423/2022 Date :10/06/2022 CSK 10/06/2022