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Madras High CourtCRL OP/29440/2025granted

K.Meenakshi v. State Byt

2025-11-17Honourable Mr.Justice K.Rajasekar9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CRL OP NO. 29472 OF 2025 K.Meenakshi Petitioner(s) Vs

1. State by Inspector of Police, Central Crime Branch, Chennai. Crime No.254/2024 and Now Transfer to 2.State by Inspector of Police CBCID, Chennai. Crime No.Not Known Respondent(s) CRL OP No. 29472 of 2025

1. D.Thirumalraja,

2.S. Vanitha, 3.K. Ezhilan, 4.P. Sivakumar, 5.M. Manivannan Petitioner(s) Vs State of Tamil Nadu, rep. by The Inspector of Police CBCID, Chennai (Crime No.not known) Respondent(s) Common Prayer: These petitions have been filed by the petitioner under Section 482 of BNSS, 2023, to grant anticipatory bail to the petitioners and in the event of their arrest in Crime No.not known on the file of the CBCID, Chennai.

For Petitioner(s):

Mr.A.Sundaravadhanan for Mr.Subramanian K For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

CRL OP No. 29472 of 2025 For petitioners:

Mr.Suresh Sakthi Murugan For Respondent:

Mr.S.Udayakumar Government Advocate (Crl.side) COMMON

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 408, 420, 477A of IPC and Section 66 of Information Technology Act of 2000, in Crime No.not known, on the file of the respondent police, seek anticipatory bail. 2.The allegation against the petitioners is that the petitioners are working under various posts in the Tamil Nadu Open University and they are in charge of conducting examination, recording of marks, printing the certificates and issuance of the certificates. In the year 2023, there were internal enquiry conducted by the University regarding the certificate issued to one Appadurai Fletcher, who has been arrayed as A12. It is revealed that a false certificate was issued, though he has not appeared in the examination, with collusion of some

of the staff members. Hence the complaint was lodged. In the investigation it revealed that all persons have contributed for issuance of such false certificate. Hence, the case.

3.The learned counsel for the petitioners submitted that the petitioners were not directly involved in fabrication of records or entering into wrong marks or any other role in issuing certificates to A12. Though it is stated that they were also subscribed the signatures and involved in the process, they have done so based on the statements recorded in the computer by one Gunasekaran and Vengadesan. Since the data in the computer carries the altered information entered by the Gunasekaran and Vengadesan and the same was carried out in the certificates in regular process, without knowing the fact that the marks entered or the particulars entered in the certificate is the fabricated one. Hence, the learned counsel prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) for the respondent reported that each petitioners have contributed to their level since they were also

in the line of the activities to be carried out for issuance of certificate. He further submitted that apart from this complaint, 12 other complaints have been received and the investigation in this case is pending. Hence, he opposed for grant of anticipatory bail to the petitioners. 5.I have considered the submissions made on both sides and perused the materials available on records.

6.On perusal of the records it revealed that the petitioners are holding various positions in the University and naturally they have to perform the duty while any document or any data which is fabricated is produced before him. It would be processed by them and according to them the entire fabrication of data and wrong entry of marks was done only by Gunasekaran and Vengadesan and on their instigation others have also contributed to some extent for issuance of certificate. Hence, I am of the view that the custodial interrogation of the petitioners is not necessary since the major allegation levelled only against the Gunasekaran and Vengadesan, I am inclined to grant anticipatory bail to the

petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned XI Metropolitan Magistrate Court, Saidapet, Chennai, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), each 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 and on further condition 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 petitioners shall report before the respondent police, everyday at 06.30 p.m., for a period of three weeks and thereafter as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

17-11-2025 gbi

To 1.State by Inspector of Police, Central Crime Branch, Chennai. and Now Transfer to 2.State by Insepctor of Police CBCID, Chenani. Crime No.Not Known 3.The XI Metropolitan Magistrate Court, Saidapet, Chenani.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 29440 of AND CRL OP NO.

29472 OF 2025 17-11-2025