Arul Manikandan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1048 of 2019 ARUL MANIKANDAN ... PETITIONER / (*)SOLE ACCUSED Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, KARUR.

(CRIME NO.(*)1 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.KARTHICK SUBRAMANIAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner / sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections (*)464, 468, 471 and 420 IPC in Crime No.(*)1 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that the petitioner produced fake Ph.D., Degree in the year of 2009 and got appointment as Assistant Professor in the Government Arts College, Karur. The above said college is under the control of Directorate of Collegiate Education, Chennai and on its instruction, the Ph.D., degree of the petitioner was verified and found it fake one, for which, the respondent police registered a case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the allegation levelled against the petitioner is false and it is raised after 10 years. The petitioner undergone three years Ph.D., degree in Veer Kunwar Singh Uiversity, Ara, Bihar, Centre at Bangalore and successfully completed the same in the year of 2008 and based on such degree, he participated interview and selected for the post of Assistant Professor. Accordingly, the petitioner prayed for bail and the

learned counsel further contended that the petitioner is ready to abide by any of the conditions that is to be imposed by this Court. 4.The learned Government Advocate (Crl.Side) for the State would submit that the investigation is still pending. 5.Considering the facts and circumstances of the case, 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, 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 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 learned 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 petitioners 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]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/02/2019 (*)Amended as per the order of Hon'ble Court made in Crl MP(MD).724/2019 in Crl OP(MD)1048/2019 vide order dated 29.01.2019 by MNKJ / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-I, KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, KARUR.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.S.KARTHICK SUBRAMANIAN Advocate SR.No.2716 PS/JC/SAR-1/15.02.2019/3P/6C

ORDER

IN CRL OP(MD) No.1048 of 2019 Date :07/02/2019