V.Vinayagamoorthy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. V.Vinayagamoorthy,

2. V.Karthika, ... Petitioners/Accused Nos.5&6 Vs The State of Tamil Nadu, Represented by the Inspector of Police, CBCID-OCU, Madurai.

(Crime No.1 of 2023).

... Respondent/Complainant For Petitioners: M/s. Barathan.J, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.1 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A5 & A6, who were arrested and remanded to judicial custody on 1/4

25.07.2024 for the offences punishable under Sections 420, 465, 468, 471 and 120(b) of IPC, in Crime No.1 of 2023 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant, who is working as Joint Director of Examinations had found that there is difference in the handwriting of the Physics, Maths and Chemistry answer sheets of the son of the petitioners. On enquiry, it came to know that the petitioners colluded with the other accused and replaced the answer sheet of their son so as to get centum in all the subjects. Hence, the complaint.

3.Heard both sides.

4. Considering the nature of the allegations against the petitioners that in collusion with the other accused, they had replaced the answer sheets of their son so as to get centum in all the subjects and also considering the fact that the petitioners are in jail from 25.07.2024, this Court is inclined to grant bail to the petitioners on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court No.IV, Madurai. (i)the sureties shall affix their photographs and left thumb impression in the 2/4

surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 06/09/2024 / TRUE COPY / 06/09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

4 THE SUPERINTENDENT, MADURAI CENTRAL JAIL FOR WOMEN, MADURAI.

5 THE INSPECTOR OF POLICE, CBCID-OCU, MADURAI.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-10989[I] dated 06/09/2024 ) ORDER IN CRL OP(MD) No.14481 of 2024 Date :06/09/2024 SA/SAR. /06.09.2024/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4