Ramesh vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 02.02.2023 for the alleged offences punishable under Sections 465, 420 and 472 of IPC, in Crime No.142 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that based on the complaint preferred by the Tahsildar, Tirutanni, it is alleged that on 01.02.2023, he had produced the adangal register before the Velachery Government Paddy Procurement Godown to sell his paddy but the said Adangal Register was not issued by the Velachery VAO , he had fabricated the said register, forged the seal and signature of the VAO. Hence, the complaint.

The learned Counsel for the petitioner submitted that the petitioner was not involved in the offence, it was only the VAO who had insisted the petitioner to get forged seal and he has been falsely implicated in this case and he has not committed any such offence as alleged by the prosecution. He further submits that the petitioner has been suffering incarceration for the past 30 days and hence, he prays for grant of bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police submits that the defacto complainant is the Tahsildar, Tiruttani lodged the complaint stating that in the Velachery Village, he had produced the adangal register before the Velachery Government Paddy Procurement Godown to sell his paddy, but the said Adangal Register was not issued by the Velachery VAO and hence the petitioner had fabricated the said register and also forged the seal and signature of the VAO. He further submits that the investigation is almost completed. However, he vehemently opposed to grant bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and the submissions made by both the counsel and also of the fact that the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, (out of which one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruttani, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police on every Sunday 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 evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned 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];

f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.