B.Punithavathy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14578 of 2022 B.PUNITHAVATHY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, CCB, FORGERY INVESTIGATION WING, TEAM 27-A, VEPERY, CHENNAI-7 (CRIME NO.116 OF 2022) For Petitioner : M/S R.SANKARASUBBU Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 465, 468, 471 and 420 of IPC, in Crime No.116 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner alleged have given a forged SSLC certificate while joining the job as a Teacher. Hence, the complaint.

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

4. The learned Additional Public Prosecutor submitted that the petitioner produced forged SSLC certificate while joining her job. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. It is seen that the petitioner joined as a Teacher in the year 1980. At the time of joining, she submitted the documents. Now, she is at the stage of retirement. The Superior Officer verified her service records and found that the SSLC certificate is a fabricated one. After a period of 42 years, the Superior Officer found that the petitioner produced fabricated documents that too on her verge of retirement.

6. Considering the above facts and circumstances of the case, the custodial interrogation of the petitioner does not require in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Metropolitan Magistrate for CCB cases, Egmore, Chennai-08, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 for interrogation.

[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/- 24/06/2022 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 SPECIAL METROPOLITAN MAGISTRATE FOR CCB CASES, EGMORE, CHENNAI-08 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CCB, FORGERY INVESTIGATION WING, TEAM 27-A, VEPERY, CHENNAI-7 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S R.SANKARASUBBU Advocate on payment of necessary charges SR.NO.10020 CRL OP.14578/2022 Date :24/06/2022 JPA 29/06/2022