Mannan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2021

CORAM

THE HONOURABLE Mr. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1289 of 2021 Mannan ... Petitioner Vs.

State By Inspector of Police Timmampet Police Station Tirupathur District.

Crime No.123 of 2016 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of arrest in Crime No.123 of 2016 pending investigation on the file of the respondent police.

For Petitioner : Ms. S.P.Arthi For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor ****

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 465, 471 and 420 of IPC r/w 12(1) (A) of Passport Act, 1967 in Crime No.123 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. The petitioner is the sole accused in this case. The allegation against the petitioner is that he has produced a birth certificate for the purpose of getting passport. On verification, it was found that the petitioner produced bogus certificate. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would submit that the birth certificate was taken by his parents and he produced the same for getting passport. He was major at the time of applying for passport and hence, he didn't get any undue advantage by producing bogus certificate. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner produced fake birth certificate and tried to get passport. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsels and also the fact that the petitioner was major at the time of applying passport and he did not get any undue advantage by producing bogus birth certificate, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: a) Accordingly, the petitioner is ordered to be released on 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, Vaniyambadi, Tirupathur District, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees ten thousand only) with two sureties, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] 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. [c] the petitioner shall report before the respondent police as and when required for interrogation.

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

[e] the petitioner shall not abscond either during investigation or trial.

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

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 11/02/2021 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.

TO 1 THE JUDICIAL MAGISTRATE, VANIYAMBADI, TIRUPATHUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIMMAMPET POLICE STATION, TIRUPATHUR DISTRICT.

CC to M/S.S.P.ARTHI Advocate on payment of necessary charges CRL OP.1289/2021 Date :11/02/2021 cs 26/02/2021