V.Murugesan v. The State Of Tamilnadu Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 468, 471 & 420 of IPC in Crime No. 6 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was worked as a Head Master in the Panchayat Union Middle School ,Samathal Village, Pennagaram Taluk, Dharmapuri District. It is further alleged that he has produced forged 12th Mark Sheet, while appointing as a teacher. Hence, the complaint.

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. He would further submit that the petitioner was suspended from the service. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that petitioner was worked as a Head Master in the Panchayat Union Middle School Samathal Village, Pennagaram Taluk, Dharmapuri District and he has produced forged 12th Mark Sheet, while appointing as a teacher.

However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. It is seen that after a period of 38 years, now the complaint has been lodged as if the petitioner had produced a fake 12th 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 No.II, Dharmapuri, 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 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 229A IPC.

01.08.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No. 17845 of 2022 01.08.2022