Suhail Ahamed, S/O.Rafwque v. State Rep.By The Inspector Of

G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 468, 471, 201 and 420 IPC in Crime No.491 of 2014 on the file respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complaint one Iqubal lodged report before the respondent police against the petitioners herein that the petitioners made forgery in producing the doctor certificate before the Court. Hence this complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they are no way connected with the said alleged offence. Hence, he prays for anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor for the respondent police submitted that the petitioners have produced the forged medical certificate before the Sessions Judge at the time of seeking anticipatory bail. Therefore, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Gudiyatham, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 conditions that:

[a] the petitioners 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 petitioners shall report before the respondent police daily at 10.30 A.M., for a period of two weeks thereafter as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

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G.K.ILANTHIRAIYAN,J.

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