K.Jadhujiya v. State By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN K.Jadhujiya

...Petitioner/Accused 3

Vs.

State rep by The Inspector of Police, Q-Branch CID Police Station, Chennai.

(Crime No.1 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.1 of 2025 on the file of the respondent police.

For Petitioners :

Mr.P.Pugalenthi For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 03.02.2025, seeking bail in Crime No.1 of 2025 registered for the offence under Sections 336(2), 336(3), 340(2) of BNS and Section 12(1)(b), 12(1A)(b) of Passport Act, 1967 and Sections 14(a), 14-A(a) and 14-A(b) of Foreigners Act, 1946. 2.It is the case of the prosecution that the petitioner had entered into India on a tourist Visa in November 2022 with an intention of obtaining Indian passport through an agent; that thereafter she had obtained the Indian passport by producing forged documents and thus committed the aforesaid offences.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she had applied for the passport through an agent and she had paid consideration for the same and that she was not aware of the alleged forgery committed by the other accused and that in any case, Page No.2 of 6

considering the period of incarceration, her further custody is not required and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the passport obtained by the petitioner by producing forged documents have been seized. The respondent has also filed a counter affidavit to that effect. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the nature of allegations, period of incarceration and the fact that the passport illegally obtained has been seized, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions:

Page No.3 of 6

7.Accordingly, the petitioner is ordered to be released on bail on their executing a 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 XVIII Metropolitan Magistrate Court, Saidapet, Chennai - 15, 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] Since the petitioner is a Srilankan national, the respondent shall communicate the order of granting bail, to the concerned Registration Officer appointed under Rule 3 of Registration of Foreigners Rules, 1992 as per the decision of the Hon'ble Supreme Court in Frank Vitus vs. Narcotics Control Bureau and others in Crl. Appeal Nos.2814-2815 of 2024 dated 06.01.2025. Page No.4 of 6

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness 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 269 B.N.S.

03.03.2025 ata Page No.5 of 6

SUNDER MOHAN, J.

ata Copy to:

1.The Inspector of Police, Q-Branch CID Police Station, Chennai.

2.The XVIII Metropolitan Magistrate Court, Saidapet, Chennai - 15. 3.Special Prison for Women, Puzhal, Chennai - 66. 4.The Public Prosecutor, High Court, Madras.

03.03.2025 Page No.6 of 6