High Court · 2025
Case Details
Acts & Sections
Crl.O.P.Nos.10140, 8451 & 10160 of 2025SUNDER MOHAN. J., This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.2. The learned counsel appearing for the petitioner submitted that on 08.04.2025, this Court had granted bail to the petitioner herein in Crl.O.P.Nos.10140, 8451 & 10160 of 2025. However, in the order, the name of the petitioner is wrongly mentioned as Gowtham instead of Gowtham @ Osthin Raja, in Crl.OP.No.10160 of 2025. Thus, he prayed for suitable directions.3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue an order copy afresh forthwith by correcting the name of the petitioner as Gowtham @ Osthin Raja, in Crl.OP.No.10160 of 2025.09.04.2025 Issue order copy by 09.04.2025.Upload order copy forthwithdrlIN THE HIGH COURT OF JUDICATURE AT MADRAS https://www.mhc.tn.gov.in/judis DATED :08.04.2025CORAM THE HON'BLE MR. JUSTICE SUNDER MOHANCrl.O.P.Nos.10140, 8451 & 10160 of 2025Nelson... Petitioner/Accused 6in Crl.O.P. No.10140 of 2025Mr.S.Ashok Kumar... Petitioner/Accused 4in Crl.O.P. No.8451 of 20251. Gowtham2.Tamilmaran... Petitioners/Accused 1 & 8in Crl.O.P. No.10160 of 2025Vs.The State represented by-The Inspector of Police,CBCID North, Cuddalore Police Station,Cuddalore.(Crime No.1 of 2024)... Respondent in the above Crl.O.Ps.COMMON PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.1 of 2024 pending investigation on the file of the respondent Police.For Petitioner : Mr.V.Balu in Crl.O.P. No.10140 & 10160 of 2025 Mr.V.Vadivalagia Nambi in Crl.O.P. No.8451 of 2025 https://www.mhc.tn.gov.in/judis For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side) in all Crl.O.Ps C O M M O N O R D E RThese Criminal Original Petitions have been filed by the petitioners in Crl.O.P. Nos.10140 & 10160 of 2025, who were arrested and remanded to judicial custody on 19.02.2025 and the petitioner in Crl.O.P. No.8451 of 2025, who was arrested and remanded to judicial custody on 17.02.2025 seeking bail in Crime No.1 of 2024 registered for the offence under Sections 465, 468, 472, 471 and r/w 511 of IPC, subsequently altered to Section 120(B), 201, 420, 465, 468, 472, 471 r/w 511 of IPC.2. The case of the prosecution is that based on the complaint given by the Registrar (In-charge) of Annamalai University that, his staff members have found some of the certificates of Annamalai University in their campus and on verifying the same, it was found to be duplicate certificates, a case in Crime No.1 of 2024 came to be registered for the offence under Sections 465, 468, 471, 472 and 511 of IPC. Later, during the course of investigation, it came to light that the petitioner along with other accused were involved in issuing forged certificates including the Siddha Doctor certificates of several universities for illegal gain. Hence the case.3. It is the further case of the prosecution that the first petitioner in Crl.O.P. No.8451 of 2025 is the first accused and he had played the major role in printing the forged certificates and the second petitioner is A8, who is the benami of the first accused and the first accused used his bank account for monetary transactions; that the petitioner in https://www.mhc.tn.gov.in/judis Crl.O.P.No.10140 of 2025, who is the former employee of the Annamalai University, committed theft of the rubber stamps of the said university and helped the other accused to print the forged certificates; that the petitioner in Crl.O.P. No.10140 of 2025 arrayed as A6, the brother of the first accused abetted the first accused in the commission of offences.4. The learned counsel for the petitioner submitted that A1, A8 and A6 were arrested on 17.02.2025 and A4 was arrested on 19.02.2025; that A1 and A4 were taken to police custody for two days and thereafter, remanded to judicial custody and considering the fact that the co-accused have been released on bail and considering the period of incarceration, they may be released on bail. 5. The learned counsel for the petitioner in Crl.O.P. No.8451 of 2025 submitted that A4 has no bad antecedents and the petitioners (A1 & A6) in Crl.O.P. Nos.10140 & 10160 of 2025, submitted that though there are three previous cases, they were registered in the year, 2009, 2010 and 2021 and hence they may be released on bail.6. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioners have committed serious offences and the investigation is still pending and filed a counter to that effect. The learned Government Advocate further submitted that there are three previous cases against A1 and A6, which were registered in the year 2009, 2010 and 2021 and hence opposed for grant of bail. https://www.mhc.tn.gov.in/judis
7. Considering the nature of allegations, the period of incarceration of the petitioners, the fact that the petitioners (A1 & A4) were taken under police custody and remanded back to the judicial custody, the other accused were not required to be taken under police custody; that though there are three previous cases pending as against A1 and A6, those cases were registered in the year 2009, 2010 and 2021 respectively and since A4 has no bad antecedents, this Court is of the view that further custody of the petitioners are not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioners with certain conditions:8. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Cuddalore. [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 petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders;[c] the petitioners shall not abscond either during investigation or trial;[d] the petitioners 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 https://www.mhc.tn.gov.in/judis petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 absconds, a fresh FIR can be registered under Section 269 B.N.S.08.04.2025rkpTo1.The Chief Judicial Magistrate, Cuddalore. 2.The Inspector of Police, CBCID North, Cuddalore Police Station, Cuddalore.3. The Superintendent, Central Prison, Cuddalore. 4. The Public Prosecutor, High Court of Madras.SUNDER MOHAN., J.rkp https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.10140, 8451 & 10160 of 202508.04.2025
Crl.O.P.Nos.10140, 8451 & 10160 of 2025SUNDER MOHAN. J., This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.2. The learned counsel appearing for the petitioner submitted that on 08.04.2025, this Court had granted bail to the petitioner herein in Crl.O.P.Nos.10140, 8451 & 10160 of 2025. However, in the order, the name of the petitioner is wrongly mentioned as Gowtham instead of Gowtham @ Osthin Raja, in Crl.OP.No.10160 of 2025. Thus, he prayed for suitable directions.3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue an order copy afresh forthwith by correcting the name of the petitioner as Gowtham @ Osthin Raja, in Crl.OP.No.10160 of 2025.09.04.2025 Issue order copy by 09.04.2025.Upload order copy forthwithdrlIN THE HIGH COURT OF JUDICATURE AT MADRAS https://www.mhc.tn.gov.in/judis DATED :08.04.2025CORAM THE HON'BLE MR. JUSTICE SUNDER MOHANCrl.O.P.Nos.10140, 8451 & 10160 of 2025Nelson... Petitioner/Accused 6in Crl.O.P. No.10140 of 2025Mr.S.Ashok Kumar... Petitioner/Accused 4in Crl.O.P. No.8451 of 20251. Gowtham2.Tamilmaran... Petitioners/Accused 1 & 8in Crl.O.P. No.10160 of 2025Vs.The State represented by-The Inspector of Police,CBCID North, Cuddalore Police Station,Cuddalore.(Crime No.1 of 2024)... Respondent in the above Crl.O.Ps.COMMON PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.1 of 2024 pending investigation on the file of the respondent Police.For Petitioner : Mr.V.Balu in Crl.O.P. No.10140 & 10160 of 2025 Mr.V.Vadivalagia Nambi in Crl.O.P. No.8451 of 2025 https://www.mhc.tn.gov.in/judis For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side) in all Crl.O.Ps C O M M O N O R D E RThese Criminal Original Petitions have been filed by the petitioners in Crl.O.P. Nos.10140 & 10160 of 2025, who were arrested and remanded to judicial custody on 19.02.2025 and the petitioner in Crl.O.P. No.8451 of 2025, who was arrested and remanded to judicial custody on 17.02.2025 seeking bail in Crime No.1 of 2024 registered for the offence under Sections 465, 468, 472, 471 and r/w 511 of IPC, subsequently altered to Section 120(B), 201, 420, 465, 468, 472, 471 r/w 511 of IPC.2. The case of the prosecution is that based on the complaint given by the Registrar (In-charge) of Annamalai University that, his staff members have found some of the certificates of Annamalai University in their campus and on verifying the same, it was found to be duplicate certificates, a case in Crime No.1 of 2024 came to be registered for the offence under Sections 465, 468, 471, 472 and 511 of IPC. Later, during the course of investigation, it came to light that the petitioner along with other accused were involved in issuing forged certificates including the Siddha Doctor certificates of several universities for illegal gain. Hence the case.3. It is the further case of the prosecution that the first petitioner in Crl.O.P. No.8451 of 2025 is the first accused and he had played the major role in printing the forged certificates and the second petitioner is A8, who is the benami of the first accused and the first accused used his bank account for monetary transactions; that the petitioner in https://www.mhc.tn.gov.in/judis Crl.O.P.No.10140 of 2025, who is the former employee of the Annamalai University, committed theft of the rubber stamps of the said university and helped the other accused to print the forged certificates; that the petitioner in Crl.O.P. No.10140 of 2025 arrayed as A6, the brother of the first accused abetted the first accused in the commission of offences.4. The learned counsel for the petitioner submitted that A1, A8 and A6 were arrested on 17.02.2025 and A4 was arrested on 19.02.2025; that A1 and A4 were taken to police custody for two days and thereafter, remanded to judicial custody and considering the fact that the co-accused have been released on bail and considering the period of incarceration, they may be released on bail. 5. The learned counsel for the petitioner in Crl.O.P. No.8451 of 2025 submitted that A4 has no bad antecedents and the petitioners (A1 & A6) in Crl.O.P. Nos.10140 & 10160 of 2025, submitted that though there are three previous cases, they were registered in the year, 2009, 2010 and 2021 and hence they may be released on bail.6. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioners have committed serious offences and the investigation is still pending and filed a counter to that effect. The learned Government Advocate further submitted that there are three previous cases against A1 and A6, which were registered in the year 2009, 2010 and 2021 and hence opposed for grant of bail. https://www.mhc.tn.gov.in/judis
7. Considering the nature of allegations, the period of incarceration of the petitioners, the fact that the petitioners (A1 & A4) were taken under police custody and remanded back to the judicial custody, the other accused were not required to be taken under police custody; that though there are three previous cases pending as against A1 and A6, those cases were registered in the year 2009, 2010 and 2021 respectively and since A4 has no bad antecedents, this Court is of the view that further custody of the petitioners are not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioners with certain conditions:8. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Cuddalore. [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 petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders;[c] the petitioners shall not abscond either during investigation or trial;[d] the petitioners 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 https://www.mhc.tn.gov.in/judis petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 absconds, a fresh FIR can be registered under Section 269 B.N.S.08.04.2025rkpTo1.The Chief Judicial Magistrate, Cuddalore. 2.The Inspector of Police, CBCID North, Cuddalore Police Station, Cuddalore.3. The Superintendent, Central Prison, Cuddalore. 4. The Public Prosecutor, High Court of Madras.SUNDER MOHAN., J.rkp https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.10140, 8451 & 10160 of 202508.04.2025