Rajamanickam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18864 of 2021 Rajamanickam ... Petitioner/Accused Vs State rep.by The Inspector of Police, District Crime Branch, Trichy.

(Crime No.8 of 2021).

... Respondent/Complainant For Petitioner : M/s.Ramalingam.K.C., Advocate. For Respondent : M/s.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.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/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 409, 420, 468 and 471 I.P.C., in Cr.No.8 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, by producing false and fabricated 8th std., certificate, got employment as Driver in Panchayat Union,Marungapuri. Hence, the present complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the State would submit that this is the second anticipatory bail application filed by the petitioner and earlier this Court dismissed the application filed by the petitioner seeking anticipatory bail in Crl.O.P.(MD)No.9522 of 2021, dated 26.07.2021. He would further submit that the investigation is pending.

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5. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State and perused the materials placed on record.

6. While dismissing the earlier petition filed by the petitioner seeking anticipatory bail, this Court, in its order, has observed that a reading of the F.I.R., averments would go to show that the petitioner has produced 8th std., certificate to show that he had passed 8th std., examination to claim the job of Driver and when that was subjected to verification, they came to know that the petitioner did not appear for examination itself and therefore, the 8th std mark statement produced by him is not true.

7. Considering the above facts and circumstances and also the fact that there is no change of circumstances since the dismissal of the earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time.

8. In the result, this Criminal Original Petition is dismissed. Sd/- 01/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

SSL 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 M/S.RAMALINGAM.K.C. Advocate SR.No.8830

ORDER

IN CRL OP(MD) No.18864 of 2021 Date :01/12/2021 SP/JM/SAR III/07/12/2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/