Nandhitha v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Nandhitha ... Petitioner(s) /Accused 4 Vs.
Inspector of Police, Chit Kanduvatti & Fake Passport Investigation Wing, Central Crime Branch-I, Vepery, Greater Chennai.
... Respondent(s)/ Complainant Crime No.37 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in respect of Crime No.37 of 2025 on the file of the Inspector of Police, Chit Kanduvatti & Fake Passport Investigation Wing, Central Crime Branch-I, Vepery, Greater Chennai. For petitioner(s) : Mr.C.Raja For Respondent(s) : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who Page No.1 of 7
was arrested and remanded to judicial custody on 06.03.2025, seeking bail in Crime No.37 of 2025 registered for the offences under Sections 12(1)(b), 12(1A)(a) and 12(2) of the Passport Act, 1967 r/w Sections 318(4), 336(3) and 340(2) of BNS Act.
2. The case of the prosecution is that A1 and A2 were initially arrested since they made certain inconsistent statements before the Foreigners Regional Registration Office (FRRO), Chennai, and were found in possession of certain fabricated documents; that their confession revealed that A3 had assisted in preparing fake IDs to make it appear as though they were Indian Citizens. Since the petitioner worked in the office of A3, she has been implicated as A4. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case and the petitioner is in custody from 06.03.2025; that the co-accused has already been arrested and released on bail in Crl.OP.No.10565 of 2025 dated 08.04.2025, and that in any case, further custody of the petitioner is not Page No.2 of 7
required and prayed for the grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case.
5. Considering the nature of allegations, the period of incarceration, the fact that the petitioner has no bad antecedents; that the co-accused has already been arrested and released on bail, and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on her 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 Hon'ble Additional Court of Exclusive Trial of CCB Cases, Egmore, Chennai, and on further conditions that:
[a] the sureties shall affix their photographs Page No.3 of 7
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] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in Page No.4 of 7
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 25.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. Inspector of Police, Chit Kanduvatti & Fake Passport Investigation Wing, Central Crime Branch-I, Vepery, Greater Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 7
3. Hon'ble Additional Court of Exclusive Trial of CCB Cases, Egmore, Chennai.
4. The Superintendent of Prison, Central Prison (Women), Puzhal, Chennai.
SUNDER MOHAN, J.
skr Page No.6 of 7
25.04.2025 Page No.7 of 7