Asarudeen v. The State Rep By Its, Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.25714 of 2025 Asarudeen ... Petitioner Vs.

The State Rep by its The Sub Inspector of Police, B3 Variety Hall Road Police Station, Coimbatore District.

... Respondent (Crime No.307 of 2025) PRAYER : Criminal Original Petition filed under Section 439 of Cr.P.C / 483 of B.N.S.S, to enlarge the petitioner on bail in Crime No.307 of 2025 on the file of the respondent police.

For Petitioner : Mr.M.Raja For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) ************

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 18.08.2025 for the alleged offence under Sections 336(3), 340(1) and 318 of BNS, in Crime No.307 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner, along with the other accused, attempted to obtain a relationship certificate for the purpose of securing a medical seat under the NRI quota. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner had bonafidely applied for the certificate since he was also an NRI through his NRI relatives. As the petitioner has been arrested and is in custody, he prayed for the grant of bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case. He further submitted that there are two accused in this case, and both have been arrested and are in custody.

5. Considering the fact and the submissions made by the learned counsel on both sides, I am inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.5, Coimbatore, and on further conditions that: 2/5

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30a.m., for a period of two weeks and thereafter as and when required for interrogation ;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 nvi 3/5

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.5, Coimbatore. 2.The Sub Inspector of Police, B3 Variety Hall Road Police Station, Coimbatore District.

3. The Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

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