Kumar @Kkumaraguru v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16111 of 2015 KUMAR @ KUMARAGURU ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AIRPORT POLICE STATION, TIRUCHI DISTRICT, (CRIME NO 321 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.ALAGUMANI Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1 in Crime No.321 of 2015 on the file of the respondent police was arrested and remanded to judicial custody on 26.07.2015 for the alleged offences punishable under Sections 467, 468, 471 and 109 IPC and Section 12 (1)(a) of Passport Act and 12(1-A), 14 of Foreigners Act., seeks bail.

2.According to the prosecution, the petitioner, who is the Srilankan National attempted to travel to Switcherland through a fake passport.

3.The learned counsel for the petitioner submitted that the petitioner is physically challenged person and he came to India only for taking treatment and he took treatment at Best Hospital in Chennai and also in a Government hospital, Chennai and the allegation is that he was possessing the passport of one Arokiadoss. It is further submitted that there is no material to prove the allegation made against this petitioner and the passport of Arokiadoss is genuine one. It is further submitted that there are three accused in this case and accused Nos.2 and 3 were already released on bail.

4.Learned Government Advocate (Crl.side) vehemently opposed for granting of bail to the petitioner contending that the petitioner is a member of the banned organization called LTTE and with a fake https://hcservices.ecourts.gov.in/hcservices/

passport, he attempted to flee from India. She would further submit that the petitioner has no bad antecedent.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.VI, Trichy and on further condition that the petitioner shall stay at Chennai and appear before Saidapet Police Station police daily twice at 10.00 a.m., and 5.00 p.m.until further orders, for interrogation. sd/- 25/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2.THE CHIEF JUDICIAL MAGISTRATE TRICHY 3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE AIRPORT POLICE STATION, TIRUCHI DISTRICT.

5.THE SUPERINTNENDENT CETRAL PRISON, PUZHAL.

6.THE OFFICER INCHARGE, SAIDAPET POLICE STATION, CHENNAI.

+1. CC to M/S.R.ALAGUMANI Advocate SR.No.49003

ORDER

IN CRL OP(MD) No.16111 of 2015 Date :25/08/2015 RG.25/08/2015/ABM/SAR-I 2P/8C.

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