Manimuthu, S/O.Suruliappan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirty First day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1612 of 2019 MANIMUTHU ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT.

(CRIME.NO.2 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.V.SANKARANARAYANAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 420, 468, 471 IPC and Section 12(1)(a) of Passport Act in Crime No.2 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that petitioner had produced a forged birth certificate of A1 to the defacto complainant for obtaining Passport. On complaint, a case has been registered against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case only based on the confession of A1. He would further submit that A1 was already arrested and released on bail.

4. The learned Additional Public Prosecutor appearing for the respondent police on instructions would submit that the application of A1 was rejected and no passport was issued in this case.

5. Taking into consideration the facts of the case and the submissions by learned counsels ,this Court inclined to grant anticipatory bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioner is ordered to be released on

bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent Police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 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 229-A IPC.

sd/- 31/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THENI.

2 THE CHIEF JUDICIAL MAGISTRATE,THENI.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.V.SANKARANARAYANAN Advocate SR.No.2030 PS/JC/SAR-4/05.02.2019/2P/6C

ORDER

IN CRL OP(MD) No.1612 of 2019 Date :31/01/2019 https://hcservices.ecourts.gov.in/hcservices/