Ushman v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Ushman ... Petitioner/Accused No.7 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Papanasam Police Station, Thanjavur District.
Crime No.796 of 2024.
... Respondent/Complainant For Petitioner : Mr.S.Manojkumar For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.796 of 2024 on the file of the respondentpolice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant 1/6
bail.
2. The petitioner/A7 was arrested and remanded to judicial custody on 08.02.2025 for the alleged offences punishable under Sections 419, 467, 468 & 471 of IPC in Crime No.796 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that the defacto complainant is the SubRegistrar, Papanasam. On 27.09.2024, the petitioner/A7 impersonated as A1 and executed a deed in Doc.No.7 of 2023 on the file of the Sub-Registrar Office, Papanasam, which was acknowledged by the other accused persons as witnesses, by forging the signature and Aadhar card. Based on the complaint of the defacto complainant, the case has been registered.
4. Mr.S.Manojkumar, the learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed the offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case and has no previous case. He further submits that the petitioner has been in judicial custody since 08.02.2025 and he is ready to abide by any conditions to be imposed by this Court. He therefore prays to grant bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Crl. Side) appearing for the respondent-police, submits that the petitioner has a major role in 2/6
this crime, as he impersonated as A1 for the execution of the deed using fake identity cards. Therefore, if this Court grants bail to the petitioner, he may abscond, cause a threat to the witnesses, and delay the proceedings. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner was arrested on 08.02.2025 and has been in judicial custody. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility of absconding. Considering the facts and circumstances, this Court is of the view that further custody of the petitioner may not be necessary in this case. Considering the above facts and also considering the fact that the petitioner has no previous case and with a view to give an opportunity to the petitioner, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned District Munsif and Judicial Magistrate, Papanasam;
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of 3/6
Practice, 2019']. The learned District Munsif and Judicial Magistrate, Papanasam, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(iv) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(vi) The petitioner shall also not directly or indirectly cause threat to the defacto complainant and witnesses;
(vii) The petitioner shall furnish his residential address and mobile number to the learned District Munsif and Judicial Magistrate, Papanasam; (viii) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m. and 5.00 p.m., until further orders; (ix) The petitioner shall not try to contact the defacto complainant either directly or through any electronic mode; and (x) On breach of any of the aforementioned conditions, the learned District 4/6
Munsif and Judicial Magistrate, Papanasam is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 28/02/2025 / TRUE COPY / 28/02/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
APD TO 1 THE DISTRICT MUNSIF AND JUDICIAL MAGISTRATE, PAPANASAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE, SUB JAIL, PAPANASAM.
4 THE INSPECTOR OF POLICE, PAPANASAM POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5/6
ORDER
IN Date :28/02/2025 SA/SAR. /28.02.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6