Arul v. State Rep.By

Crl.O.P.No. 23648 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 406, 417, 420, 120B and 109 IPC in Crime No.285 of 2023, seeks anticipatory bail. 2.The learned counsel for the petitioner stated that the petitioner has been arrayed as A5 in this case. He also stated that the petitioner is no way connected with the alleged offence and has been falsely implicated in this case. Thus, he prayed for grant of bail to the petitioner.

3.The learned Government Advocate (Criminal Side) stated that the second accused was a candidate, who wrote the examination to be selected as a Sub Inspector of Police. The examination was conducted on 26.08.2023 by the Tamil Nadu Uniformed Services Recruitment Board. It was found that she had taken photographs of the question paper and sent it to the petitioner herein. In return, he wrote the correct answer and relayed that information back to her. During the 1/4

examination, this malpractice was detected. He also stated that the 1st accused is the husband of the 2nd accused and the petitioner is the uncle of the 1st accused and the 3rd accused is the Sub Inspector of Police. It is stated A1 to A4 had been taken into custody and they had been granted bail.

4.Taking into consideration these facts, since further investigation is required, it will be proper only if the petitioner cooperates during the course of investigation. 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 made ready, before the Judicial Magistrate No. I, Thiruvannamalai, 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 2/4

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., until further orders. [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].

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C.V.KARTHIKEYAN , J.

mkn2/sli [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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