T.V.Thamilselvi, J
1. The petitioners, who was arrested and remanded to judicial custody on 07.03.2024 in Crime No.65 of 2024 registered for the alleged offences punishable under Sections 419 & 420 of IPC, seeks bail.
2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in custody from 07.03.2024 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, they prayed to grant bail to the petitioners.
3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection stating that the petitioners/accused, by imposing themselves as husband and wife, approached the de facto complainant stating that the first petitioner will stand as surrogate mother to get a child for one Roachers Berlin and her husband Deepak. On finding that the petitioners are impersonators, the Joint Director (Acts), DMS has lodged a complaint to the respondent. He further submitted that the investigation in this case is almost completed and there is no previous case against the petitioner.
4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record.
5. Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel for the petitioners and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one shall be the blood related surety), each for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, 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 petitioners shall report before the respondent Police on every Saturday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation;
[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.
