Saranraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Saranraj ... Petitioner Vs.

State rep. By its The Inspector of Police, Latheri Police Station, Vellore District.

(Crime No.203 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.203 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Sairaman For Respondent : Mr.C.E.Pratap, Government Advocate (crl.side), 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 08.10.2022 for the offences punishable under Sections 465, 471 & 419 of IPC in Crime No.203 of 2022 on the file of respondent police, seeks bail.

2. The case of the prosecution as per the Sub Inspector of Police is that during the regular vehicle check up, he intercepted the petitioner's vehicle and at that time, the petitioner had claimed himself as the member of the Police Department and he had also shown the ID Card. Later, it was found that it was a fabricated ID card. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case, since he had enmity with the defacto complainant. He would submit that the petitioner has no previous case pending against him. The petitioner was arrested on 08.10.2022 and he is in custody for the past 34 days. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the 2/6

respondent would submit that the petitioner was intercepted during the vehicle check up and at that time, he had shown the ID card by claiming himself as a member of the police. Later, it was found that it was a fabricated ID Card. He would submit that there is no previous case pending against the petitioner. However, he vehemently opposed to grant bail to the petitioner.

5. Heard both the learned counsel and perused the materials available on record including the First Information Report.

6. Taking into consideration of the facts and circumstances of the case and the period of incarceration suffered by the petitioner from 08.10.2022, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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 learned Judicial Magistrate, Katpadi 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 every day at 10.30 am 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 abscond, a fresh FIR can be registered under Section 229A IPC.

11.11.2022 shk 4/6

To

1. The learned Judicial Magistrate, Katpadi 2.The Inspector of Police, Latheri Police Station, Vellore District.

3. The Central Prison, Vellore

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA,J.

shk Crl.O.P.No.27644 of 2022 11.11.2022 6/6