Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 24/08/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.14403 of 2022 N.Senthilkumar : Petitioner/Accused Rank Not known Vs.

State rep. By The Inspector of Police, Illupur Police Station, Pudukottai District.

(Crime No.372 of 2021) : Respondent/Complainant For Petitioners : Mr.K.Sivabalan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BIAL under Sec.438 of Cr.P.C.C PRAYER:- C-24AB.For Anticipatory Bail in Crime No.372 of 2022 on the file of the Respondent Police.

ORDER: The Court made the following order:-

The petitioner, who is arrayed as an accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 420, 417 and 465 IPC @ 420, 417, 465 and 468 IPC, in Crime No.372 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant lodged a complaint stating that he received a communication from the Sub Registrar, Kinathukadavu on 17/08/2021 stating that on 10/08/2022 at about 6.00 pm, when A1 was working in Nakudi Police Station, Inspector of Police attached to Ilupur Police Station contacted him through phone and made enquiry whether he issued any non traceable certificate No.6551/2013. On the basis of the complaint given by one Sangeetha, wife of Manikandan. He replied that no such certificate was issued by him. According to him, the above non traceable certificate has been issued by forging his signature. On the basis of the complaint given, the case was registered against unknown persons. During the course of investigation, the involvement of the petitioner and others were brought to light.

3.Now the allegation against the petitioner is that through this petitioner only the non traceable certificate has been obtained. On that basis, now this petitioner has also been included in the FIR. 4.Reading of the CD file shows that only the petitioner took all steps for the purpose of getting the non traceable certificate. When serious allegation of forging the government records, the custodial interrogation of the petitioner is very much necessary. Even though the above said Babu has been arrested and released on bail, since it is alleged that the above said non traceable certificate has been routed only through the petitioner, it requires thorough investigation. This is not a fittest case to exercise the discretionary power under section 438 Cr.P.C.

In the result, this criminal original petition is dismissed.

(G I J) 24.08.2022 ER

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.

G.ILANGOVAN ,J er Crl.OP(MD)No.14403 of 2022 24.08.2022