Mohanraj Gopal v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN Mohanraj Gopal Petitioner(s) Vs The State rep.by, The Inspector of Police, Mettur Police Station, Salem - 636 401.

Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge him on bail in the event of his arrest in Cr.No.126 of 2023 pending investigation on the file of the respondent police. For Petitioner(s):

Mr.Dinesh Bose For Respondent(s):

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 468, 470, 471, 420 of IPC, in Crime No.126 of 2023, seeks anticipatory bail. 2.The case of the prosecution in brevity is that the defacto complainant had lodged the complaint against the petitioner/accused that he had forged and issued the income certificate and OBC Certificate and received Rs.3,000/- from the e-Seva Centre ran by him. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent; that he has been falsely implicated in this case. He would submit that the said forged certificate (income certificate and OBC certificate) was not issued by him and also he had winded up the said e-Sava Centre before the issuance of the certificate. But the respondent police without conducting proper enquiry they had foisted the case against the petitioner and that in any case custodial interrogation of the petitioner is not required for the purpose of

investigation, hence, he prayed for grant of anticipatory bail.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the petitioner hails from Bangalore and if he released on bail, there is a possibility of abscondance.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6.Considering the nature of allegations and the fact that the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court,

Mettur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties (out of which one surety should be a blood surety), 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioner shall report before the respondent everyday at 10:30 a.m., for a period of four 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 269 of BNS.

14-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State rep.by, The Inspector of Police, Mettur Police Station, Salem - 636 401.

2.The Judicial Magistrate Court, Mettur.

3.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN J.

gbi CRL OP No. 16205 of 14-07-2025