Jayapandi v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.11.2020 CORAM :

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.17827 of 2020 Jayapandi ... Petitioner Vs.

State Rep by:- The Inspector of Police, K-8, Arumbakkam Police Station (Crime No.171 of 2018) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.171 of 2018 on the file of the respondent police. For Petitioner : Mr.K.Gandhi Kumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) ***

O R D E R

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 16.10.2020 for the offences punishable under Sections 465, 466, 471, 474, 484 of IPC, in Crime No.171 of 2018 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the de facto complainant/Registrar, Tamil Nadu Medical Council is that the petitioner produced fake and bogus educational qualification certificate to register him before Medical Council for permanent registration. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner himself is the victim and he was cheated by one Selvaraj and others, who had run a fake university. Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose the grant of bail stating that the petitioner, who is not a qualified person, has filed bogus educational qualification certificate as if he has completed M.B.B.S Course and applied for registration before the Medical Council. He would further submit that the petitioner had filed a writ petition in W.P.No.6872 of 2020 before this Court seeking a direction to take action against the culprits. Thereafter, this Court finding that the petitioner himself has produced a fake document, directed the respondent to arrest the petitioner herein. He would submit that the investigation is still pending. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration the nature of offence and that the petitioner has been arrested on 16.10.2020 and the investigation is still pending, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 10/11/2020 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 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, K-8,ARUMBAKKAM POLICE STATION.

CHENNAI.

CC to M/S.K.GANDHI KUMAR Advocate on payment of necessary charges CRL OP.17827/2020 Date :10/11/2020 MK:24/11/2020 https://hcservices.ecourts.gov.in/hcservices/