A.Mary Lovura v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.09.2020 Coram THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11675 of 2020 A.Mary Lovura ... Petitioner -vsState Rep. By The Inspector of Police, "Q" Branch CID, Erode District, Erode.

Crime.No.01 of 2019 of "Q" Branch CID, Erode District.

... Respondent Prayer:

Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of her arrest in Crime No.01 of 2019 on the file of the respondent Police.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 420, 419, 120(B), 465, 468, 471 IPC, 14 of Foreigners Act 1946 and 12 (1-A)(a), 12(1-A)(b), 12(2), 3 of Passport Act 1967 in Crime No.1 of 2019, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that the petitioner who is a Srilankan refugee by furnishing false particulars, had obtained an Indian Passport.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. Further he submits that the petitioner has obtained Passport through an agent and without her knowledge, the agent has given false particulars.

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4. The learned Additional Public Prosecutor vehemently oppose by stating that the petitioner is a Srilankan and she is not entitled to apply for an Indian Passport, whereas by furnishing false information, she has obtained Indian Passport.

5. This Court on an earlier occasion directed the learned counsel for the petitioner to produce the passport to show the bonafides. However, the learned counsel for the petitioner submits that the petitioner is not in possession of the passport.

6. Taking into consideration the above facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 10/09/2020 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 INSPECTOR OF POLICE, Q BRANCH CID, ERODE, ERODE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.11675/2020 Date :10/09/2020 cs 23/09/2020 https://hcservices.ecourts.gov.in/hcservices/