S. Pandiarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10658 of 2016 S. PANDIARAJAN ... PETITIONER/SOLE ACCUSED Vs STATE REB.BY THE INSPECTOR OF POLICE CENTRAL POLICE STATION, TUTICORIN DISTRICT.

(CRIME NO. 515 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.SIVABALAN Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 468, 471 and 420 of I.P.C., in Crime No.515 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner produced bogus S.S.L.C. Mark Statement and Transfer Certificate, as if he completed 10th Standard in the Kamaraj Higher Secondary School, Nalumavadi, for obtaining badge licence. On complaint, a case has been registered for the offences stated above.

3. The case of the petitioner is that he is an innocent person and he has not committed any offence as alleged by the prosecution. Further, he has approached one broker for getting badge licence and without the petitioner's knowledge, the broker has furnished the bogus documents.

4. Heard the learned Government Advocate (Criminal side).

5. Taking into consideration the nature of allegations made against the petitioner, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner. Accordingly, he 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.II, Tuticorin District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders; (ii)the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii)the petitioner shall not abscond either during investigation or trial.

(iv)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].

6. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE CENTRAL POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S K.SIVABALAN Advocate SR.No.33926

ORDER

IN CRL OP(MD) No.10658 of 2016 Date :29/06/2016 SDR/GSV-PM/SAR II/04.07.2016/3P/6C