Mani @ Manisamy v. The Deputy Supdt Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Mani @ Manisamy

...Petitioner

Vs.

The Deputy Supdt. Of Police Crime Branch CID Metro Wing-II Egmore, ChennaiCCB X Crime No.2 of 2021 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the accused/petitioner on bail in Cr.No.2 of 2021 pending investigation on the file of CBCID Metro Wing II at Egmore on Chennai.

For Petitioner : M/s.D.Uma Devi For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.05.2022 for the offences punishable under Sections 465, 467, 468, 471 and 420 of IPC in CCB X Crime No.2 of 2021 on the file 1/4

of the respondent police, seeks bail.

2. The case of the prosecution is that, the petitioner entered into criminal conspiracy with other accused persons, created forged document and committed cheating by issuing fake appointment orders in the name of the office of Advocate General of Tamil Nadu High Court Madras. Hence, the case.

3. The learned counsel for the petitioner submitted that he is an innocent person and he has been falsely implicated in this case. He further submitted that he had only introduced the persons to A1 for the job and he has not received any amount from the persons who are expected to get the job. Hence, he prays for grant of bail.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e., on 06.05.2022, this Court is inclined to grant bail to the petitioner. 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 2/4

only) with two sureties, each for a like sum to the satisfaction of the learned CCB & CBCID Metro Politian Magistrate, Egmore 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 twice daily at 10.30 a.m. and 5.30 p.m. for a period of six weeks and thereafter as and when required for interrogation. [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.

29.07.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The CCB & CBCID Metro Politian Magistrate, Egmore. 2.The Deputy Supdt. Of Police Crime Branch CID Metro Wing-II Egmore, Chennai.

3.Central Prison Puzal, Chennai.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.17755 of 2022 29.07.2022 4/4