Nagendra Kumar v. The State By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Nagendra Kumar

...Petitioner

Vs.

State Rep by The Deputy Supdt. Of Police Crime Branch CID, Metro Wing-II, Egmore, Chennai.

..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in the Crime No.2/2021 pending investigation on the file of the respondent. For Petitioner : Mr.T.Muruganandam.

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 Crime No.2 of 2021 on the file of the 1/5

respondent police, seeks bail.

2. It is the case of the prosecution that the complaint has been lodged by one, Dharaneeswaran, Deputy Director, O/o. Advocate General of Tamilnadu, High Court of Madras alleging that the accused persons created, forged the documents and committed cheating by issuing fake appointment orders in the name of the Office of Advocate General of Tamilnadu, High Court of Madras. On investigation, it was found that fake appointment orders were created and issued in the name of Registrar General of Madras High Court and the Office of Advocate General by using their signatures and seals. 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. The petitioner was arrested and remanded to judicial custody on 06.05.2022. Hence, he seeks for grant of bail to the petitioner.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his 2/5

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 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., 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].

3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

02.08.2022 mpl 4/5

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, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.18262 of 2022 02.08.2022 5/5