IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Friday, the Eleventh day of March Two Thousand Twenty Two

PRESENT

The Hon`ble Dr Justice G. JAYACHANDRAN

CRIMINAL ORIGINAL PETITION Nos.4375 & 4377 of 2022

SR.GRACY FATIMA [ PETITIONER / ACCUSED

IN CRL.O.P.No.4375/2022 ]

SR.MARY NIRMAL ROSE [ PETITIONER / ACCUSED

IN CRL.O.P.No.4377/2022 ]

Vs

STATE REP BY [ RESPONDENT

INSPECTOR OF POLICE,

IN BOTH PETITIONS ]

POLUR POLICE STATION,

TIRUVANNAMALAI DISTRICT

(CRIME NO.47 OF 2022)

For Petitioner : DR.F.R.XAVIER ARUL RAJ, Senior Counsel for

M/S.B.LOUIS SHARMILA Advocate

[IN BOTH PETITIONS]

For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side)

[IN BOTH PETITIONS]

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioners, who apprehend arrest for the alleged offence

under Sections 406 & 420 of I.P.C and 72 of Information Technology

Act, in Crime No.47 of 2022, seeks anticipatory bail.

2. It is a case of question paper leak in connivance with the

school authorities. The investigation so far reveals that the office

clerk of the petitioner school in connivance with the maths teacher

has released the question paper ahead of the date of examination to

enable the students to score high marks. Though, this Court has own

reservation that this could not have happened with the blessings of

the Management. However, to rule out, custodial interrogation is not

required, participation and cooperation to the investigation will be

https://hcservices.ecourts.gov.in/hcservices/

sufficient. Hence, anticipatory bail is granted on conditions that

the petitioners who are correspondence and Principal of the school

shall cooperate with the investigation without any deviation.

3. Accordingly, the petitioners are ordered to be released on

anticipatory bail in the event of arrest or on his appearance, within

a period of fifteen days from the date of receipt of a copy of this

order, before the learned Judicial Magistrate, Kalasapakkam, on

condition that the petitioners shall execute a bond for a sum of

Rs.50,000/- each (Rupees Fifty Thousand Only), with two sureties each

for a like sum to the satisfaction of the respondent police or the

police officer who intends to arrest or to the satisfaction of the

learned Magistrate concerned and on further condition that:

(a)the petitioners and the sureties shall affix their

photographs and left thumb impression in the surety bond and the

Court concerned 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 as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness

either during investigation or trial;

(d)the petitioners shall not abscond 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 petitioners released on anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

-sd/-

11/03/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

https://hcservices.ecourts.gov.in/hcservices/

TO

1 THE JUDICIAL MAGISTRATE,

KALASAPAKKAM.

2 THE CHIEF JUDICIAL MAGISTRATE