Prakash & Anr. vs The State Rep By, The Inspector of Police

The case of the prosecution is that Accused No. 1 and 2 took a JCB vehicle on lease from the defacto complainant on a monthly rental agreement of Rs.45,000/-. However, in violation of the trust, the said accused, along with others, altered the chassis number and the registration number plate of the vehicle and fabricated a false Registration Certificate (RC) book. Subsequently, they sold the vehicle to third party with the help of the petitioners. Hence, the complaint.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the co-accused had been enlarged on bail. He further undertakes that the petitioner will strictly abide by any stringent conditions imposed by this Court and will co-operate with the investigation.

The learned Government Advocate (Criminal Side) appearing for the respondent state strongly opposes the grant of bail and however confirms the fact that co-accused had been enlarged on bail by this Court.

Considering the facts and circumstances of the case, the nature of the allegations regarding the fabrication of the RC book, and the period of incarceration undergone by the petitioner from 23.08.2026 and also the fact that the co-accused have been enlarged on bail, this Court is inclined to grant regular bail to the petitioner, subject to strict conditions to ensure his presence during investigation and trial.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kumarapalayam, and on further conditions that:

[a] the sureties shall affix his photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure his identity;

the petitioner shall report before the respondent police daily at 10:30 A.M. until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.