Ayesha Tanveer vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 15.02.2024 for the alleged offence under Sections 465, 468, 471 and 420 of I.P.C. in Crime No.27 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner said to have fabricated MBBS certificate and mark list and other Super Speciality certificates and the same were also presented before the defacto complainant for registration. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that she has not at all committed any of offence as alleged by the respondent police and she has been falsely implicated in this case and she will abide by any condition that may be imposed by this court. He would submit that she belong to Telangana State and her father alone is a doctor, but now he is no more, so she pleaded innocence. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 58 days from 15.02.2024. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that on production of fake certificates as if she completed MBBS Degree certificate, course completion certificate and Super Speciality certificates, she applied for registration before the Medical council. Now, the investigation was conducted as per the complaint given by the Tamil Nadu Medical Council and all the certificates produced by her were found to be fake. He would submit that she had only studied 12th std. and she had no other qualification, however, she is having all the certificates. He would submit that that if she is released on bail, she would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the above facts and circumstances, and according to prosecution, on production of fake certificates, she had applied for registration before the Tamil Nadu Medical Council and the fact that investigation is almost completed and also considering the period of incarceration undergone by the petitioner from 15.02.2024 for more than 58 days, this Court is inclined to grant bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(b) the petitioner shall stay at Tamil Nadu State and sign before the respondent police on every Saturday at 10.30 a.m. for the period of three months and she shall cooperate with the trial proceedings ;

(c) the petitioner shall file an affidavit before the trial court stating that she would not practice any of medical course including Allopathy, Sidha and Ayurvedic elsewhere;

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.