T.Mary Dhyria Nenjini v. The State Rep By Its,

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 465, 467, 468, 471 of IPC in Crime No. 182 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that when the Block Educational Officer sent a Certificate of the petitioner, who worked as a Secondary Grade Teacher in the CSI Elementary School, Kavanoor, Arakkonam Panachayat, for verification to find out the genuineness of SSLC Mark Statement to the State School Education Board and found that her mark statement was contrary to the genuineness. In pursuant to that the petitioner was removed from the service on 02.08.2021. Based on proceedings issued by the Arakkonam Block Education Officer, the school Management lodged a complaint before the respondent police, thereafter, the respondent registered a case.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Therefore, he prays to grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner was worked as a Secondary Grade Teacher in the CSI Elementary School, Kavanoor, Arakkonam Panachayat. She had produced a fake SSLC Mark Sheet. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. It is seen that after a period of 20 years, now the complaint has been lodged as if the petitioner had produced a fake SSLC Mark Sheet. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Arakkonam, 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.

14.07.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No. 16324 of 2022 14.07.2022