Dinoja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.10689 of 2024 1.Dinoja 2.Kamalendiran ... Petitioners Vs.

State Rep by.

The Inspector of Police Kurinjipadi Police Station, Cuddalore.

Crime No. 77 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in the event of arrest in crime No. 77 of 2024 on the file of the respondent.

For Petitioner : Mr.N.Saravanan For Respondent : Mr.V.Meganathan, Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.03.2024 for the alleged offences punishable under Sections 420, 465, 468, 471, 109 of IPC in crime No. 77 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioners are Srilankan refugees who obtained the Aadhar card using fabricated documents and purchased the land in Kurinjipadi Village and registered the sale deed by using fabricated documents. Hence, the case.

3. Heard both sides.

4. Considering the facts of the case, the petitioners are Srilankan refugees and they had purchased the property in India by using fabricated Aadhar Card and the same was seized by the respondent police. However, the investigation is almost competed completed. Hence, this Court is inclined to grant bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail on 2/5

his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kurinjipadi, 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 second petitioners shall report before the respondent police on every Sunday at 10.30 a.m. for a period of three months and thereafter report before the respondent police as and when required for interrogation. The first petitioner shall report before the respondent police 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; 3/5

[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 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];

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

29.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The District Munsif cum Judicial Magistrate, Kurinjipadi. 2.The Inspector of Police Kurinjipadi Police Station, Cuddalore.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.10689 of 2024 29.04.2024 5/5