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Madras High CourtCRL OP(MD)/9522/2021dismissed

Rajamanickam v. The Inspector Of Police

2021-07-26Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD)No.9522 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.9522 of 2021 Rajamanickam ... Petitioner/Accused Vs The State rep. by The Inspector of Police, District Crime Branch, Trichy.

(Crime No.8/2021). ... Respondent/Complainant For Petitioner : Mr.K.C.Ramalingam, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.8 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 409, 420, 468 and 471 IPC in Crime No.8 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused in this case had produced forged and fabricated 8th standard school certificate and got employment as Driver in Panchayat Union, Marungapuri. On verification, it was found that the certificate produced by him turned out a false and fabricated certificate. On enquiry, it is revealed that he did not appear for the examination in the year 2006 with registration No.902333. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. In fact, he submitted that the petitioner appeared for 10th standard examination, but could not clear SSLC examination. In this regard, he produced copy of SSLC mark certificate. 4.The learned counsel for the petitioner makes two claims. One is that the petitioner has cleared 8th standard and he sent 8th mark certificate at the time of appearing for 10th standard examination to https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD)No.9522 of 2021 the Board of School Education. Next contention is that he did not produce his 8th certificate to the office, but his wife did. Therefore, he seeks anticipatory bail to the petitioner. 5.The learned Government Advocate(Criminal side) appearing for the respondent police opposed this petition on the ground that it is clear case of forgery and fabrication of documents to get Government employment. Therefore, he seeks dismissal of this petition. 6.Reading of FIR allegations show that the petitioner has produced 8th certificate to show that he had passed 8th examination to claim the job of Driver. When that was subjected to verification, it was informed that the petitioner did not appear for the 8th examination with registration No.902333.

Therefore, it is clear that 8th mark statement produced by the petitioner is not true. This is a serious allegation. FIR was registered only on 02.07.2021 and investigation in this case is in preliminary stage. Considering all these factors, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 26/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TRICHY.

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

+1 CC to Mr.K.C.RAMALINGAM, Advocate ( SR-4903[I] dated 28/07/2021 ) ORDER IN CRL OP(MD) No.9522 of 2021 Date :26/07/2021 GNS SRS/JC/SAR-III/29.07.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/