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Madras High CourtCRL OP/11858/2024dismissed

Saleem v. The State Rep By

2024-06-06Honourable Mrs Justice T.V.Thamilselvi4 pages

Crl.O.P.No.11858 of 2024 T.V.THAMILSELVI, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section12(1), (b) and 12(2) of Passport Act and 420, 468 and 471 of IPC in Crime No.50 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that defacto complainant is the Departure Immigration Clearance, Anna International Airport, Chennai. It is alleged in the FIR that on 01.04.2024, during the scrutiny of the passport by the Counter Officer, it was noticed that page No.33 of one Kannan's passport was tampered and the actual page was removed and substituted by a tampered page in order to hide his deportation history. It is also alleged in the FIR that the petitioner herein (travel agent) along with one Naina Mohamed (agent) had involved in facilitating the tampering of the passport. Hence, the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would also submit he is a tour operator and the 2nd accused approached his office and requested to arrange the Malaysia Digital Arrival card. He would submit that he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner/A3 assisted the other accused persons in tampering of the passport pages. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side, considering the fact that passport authorities have also investigated the matter and also considering the gravity of the offence, this Court is of the view that this case needs detailed investigation and not inclined to grant

anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 06.06.2024 nr T.V.THAMILSELVI, J.

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Crl.O.P.No.11858 of 2024 06.06.2024