Kenish v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Kenish ..Petitioner Vs.

State Rep by its, The Inspector of Police, Mylapore Police Station, Chennai.

(Crime No.312 of 2022) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.312 of 2022 on the file of respondent police.

For Petitioner : M/s.Prasanth D For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.06.2023 for the offence punishable under Sections 466, 468, 471 @ 466, 468, 471 and 420 IPC in Crime No.312 of 2022 on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in a case in Crime No.312 of 2022 registered for the offences under Sections 466, 468, 471 @ 466, 468, 471 and 420 IPC. Petitioner is in Judicial Custody from 11.06.2023. He further submitted that, A3 in this case was granted anticipatory bail by this Court. Thus, he seeks for bail to the petitioner.

3. In response, learned Government Advocate (Crl. Side) submitted that, petitioner was working as a private employee engaged in technical work for doing repair works of the machines used in the fair rice shop. One Sivaraman, who is a family card holder, when he went to the fair rice shop for getting the provisions, he was denied for the reason 2/6

that, there is a change in his name in the card. Investigation found that, at the instance of A1, using the user ID and pass word, petitioner had fabricated and forged the ration card of the Sivaram. He further submitted that, investigation in this case is almost completed and final report is also filed.

4. Considering the facts and circumstances of the case and petitioner and he is in Judicial Custody from 11.06.2023 and also the fact that co-accused in this case was granted anticipatory bail by this Court, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the XVIII Metropolitan Magistrate, Saidapet, Chennai and on further conditions that :- [a] the sureties shall affix their photographs and 3/6

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., until further orders.

[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 4/6

FIR can be registered under Section 229A IPC. 11.07.2023 Sma To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai 2.The Inspector of Police, Mylapore Police Station, Chennai.

3. Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.14828 of 2023 11.07.2023 6/6