Allowed

Suleman v. State Rep. by

Madras HC5 May 2023CRL OP/9146/2023

Case brief

AI extract

What is this about?

The High Court of Madras, in a criminal bail petition filed under Section 439 Cr.P.C., granted bail to the petitioner, who was in judicial custody for offences of cheating and forgery regarding impersonation in an examination. The order specifies conditions including daily reporting and sureties.

What did the court decide?

The petitioner released on bail on ₹10,000 with two sureties, subject to conditions including daily reporting, prohibition on absconding/tampering, and compliance with stipulations from P.K. Shaji cas

Suleman Vs State Rep. by — Cheating and Forgery | Madras HC (2023)

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Crl.OP.No.9146 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.05.2023

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CORAM

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THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.OP.No.9146 of 2023

Suleman

... Petitioner

Vs.

State rep by The Inspector of Police, Saibaba Colony Police Station, Coimbatore City, Coimbatore. Crime No.67 of 2023

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... Respondent

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PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.67 of 2023 on the file of the respondent.

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For Petitioner : Mr.T.Balaji

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For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.9146 of 2023

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ORDER

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The petitioner, who was arrested and remanded to judicial custody on 04.03.2023 for offences under Sections 419, 420, 468 and 471 of IPC in crime No.67 of 2023 on the file of the respondent Police, seeks bail

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It is the case of the prosecution that the petitioner and other

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accused persons made other persons to impersonate themselves to write examination for the post of Multi Tasking Staff. Hence the case.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

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The Additional Public Prosecutor appearing for the

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respondent police would submit that there are totally four accused and

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the petitioner is arrayed as A4. The petitioner and other accused persons made other persons to impersonate themselves to write examination for

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.9146 of 2023

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the post of Multi Tasking Staff . Hence, he opposed to grant bail to the petitioner.

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There are totally four accused, in which the petitioner is

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arrayed as A4. The petitioner and other accused persons made other persons to impersonate themselves to write examination for the post of Multi Tasking Staff. Considering the facts and circumstances of the case and also the period of incarceration by the petitioner from 04.03.2023, this Court is inclined to grant bail to the petitioner.

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Accordingly, the petitioner is ordered to be released on bail

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on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.7, Coimbatore and on further conditions that:

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[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.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.9146 of 2023

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m. and 05.30 p.m. until further orders.

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[c] the petitioner shall not abscond either during investigation

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or trial.

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

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[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].

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

05.05.2023

lok

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No.9146 of 2023

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Page 5 of 6

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Crl.OP.No.9146 of 2023

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G.K.ILANTHIRAIYAN, J.

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lok

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1.The Judicial Magistrate No.7, Coimbatore.

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2.The Inspector of Police, Saibaba Colony Police Station, Coimbatore City, Coimbatore.

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3.Central Prison, Coimbatore.

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4.The Public Prosecutor, High Court of Madras, Chennai

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Crl.O.P.No.9146 of 2023

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05.05.2023

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Page 6 of 6

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https://www.mhc.tn.gov.in/judis

Suleman v. State Rep. by

Case brief

What is this about?

What did the court decide?

Suleman v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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