Praveen v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Praveen 2.Pradeep ... Petitioners/Accused Nos.1 & 2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thideer Nagar Police Station, Madurai City.

Crime No.84 of 2025 ... Respondent/Complainant For Petitioners :

Mr.R.Srinivasan For Respondent :

Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.84 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- 1/6

This Criminal Original Petition has been filed by the petitioners on 27.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 336(2), 336(3) and 336(4) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.84 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that the accused persons produced fraudulent educational documents, applied for the recruitment process of CRP-Clerk-XIII 20242025, successfully cleared it and provisionally alloted to Canara Bank. On verification, it was found that the Degree Certificates produced by the petitioners were fake. Hence, the case.

4. Mr.R.Srinivasan, learned counsel appearing for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and a false case has been foisted against them. He further submits that th petitioners appeared before the respondent-Police, co-opertated with the investigation and have also 2/6

given a statement. He however submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners.

5. Per contra, Mr.S.S.Manoj, learned Government Advocate (Crl.Side) appearing for the respondent-police, on instructions, submits that the petitioners appeared before the respondent-Police and co-operated with the investigation and have also given a statement. He further submits that the custodial interrogation of the petitioners is not necessary for the investigation agency in this case.

6. Heard on both sides. This Court has perused the records.

7. In view of the submissions made by the learned Government Advocate (Crl. Side) and considering the fact that the petitioners have permanent residence and deep roots in the Society due to which there is less possibility of absconding and with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions:

(i) The petitioners shall be released on bail in the event of their arrest or in the 3/6

event of their surrender before the learned Judicial Magistrate No.V, Madurai, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.V, Madurai; (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 Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioners shall make themselves available for interrogation by a police officer as and when required;

(iv) The petitioners 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; (v) The petitioners shall not leave India without the previous permission of the Court;

(vi) Thereafter, the petitioners shall appear and sign before the respondentPolice weekly twice i.e., on every Sunday and Monday at 10.00 a.m. until further orders;

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(vii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.V, Madurai; (viii) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them 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/- 15/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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MBI TO 1.THE JUDICIAL MAGISTRATE NO.V, MADURAI DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI CITY.

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

+1. CC to R. SRINIVASAN Advocate SR.No.4281 (I) DT.16/04/2025 ORDER IN CRL OP(MD) No.5973 of 2025 Date :15/04/2025 PR/13.05 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6