Sudheer v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sudheer

...Petitioner/Accused

Vs.

State represented by the The Inspector of Police, K-11, CMBT Police Station, Koyambedu, Chennai.

(Crime No.332 of 2023) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No. 332 of 2023 on the file of respondent police on such terms and conditions. For Petitioner : Mr.P.Rameshkumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner is A2 in Crime No.332 of 2023, registered by the K11, CMBT Police Station, Koyambedu, Chennai, for the offences punishable under Sections 489(B) and 489(C) of IPC. 2.It is stated that the petitioner was found in possession of 18 numbers of Rs.500/- counterfeit currency notes. After the investigation had started, the investigation had been transferred to the Inspector of Police, CBCID Forgery Wing, Chennai. The petitioner had been in custody from 30.06.2023.

3.On 19.09.2023, a learned Single Judge of this Court, taking consideration the fact that investigation has been in transit between two separate agencies, had granted interim bail to the petitioner herein. After the period of interim bail, the petitioner had surrendered before the respondent. The investigation is still pending. 4.The brief facts of the case are that, A1, had purchased liquor and paid money, which was later found to be fake currency notes. 2/6

5.In view of the fact that investigation is being protracted and taking into consideration the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions: 6.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 Metropolitan Magistrate, Special Court for Fake Currency, Chennai, and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. [b] the petitioner shall report before K-11, CMBT Police Station, Koyambedu, Chennai, everyday 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 3/6

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 [(3325)AIR SCW 5560].

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

7.The petitioner should co-operate during the course of investigation and should disclose the fact that from where he obtained the fake currency notes. If the respondent police is not able to get sufficient co-operation or information from the petitioner herein, they are at liberty to file an application seeking to cancel this particular order. 24.11.2023 ata/rjr 4/6

To

1. The Metropolitan Magistrate, Special Court for Fake Currency, Chennai.

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, K-11, CMBT Police Station, Koyambedu, Chennai.

4.The Public Prosecutor, High Court of Madras.

5/6

C.V.KARTHIKEYAN.

J.

ata 24.11.2023 6/6