K.Mahalingam, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2949 of 2019 K.MAHALINGAM, ... PETITIONER / RANK NOT KNOWN Vs THE INSPECTOR OF POLICE, KALAIYAR KOVIL POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.NOT KNOWN OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.DINESH 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 alleged offences under Sections 467, 468, 471 of IPC and 12(1) (b) of Passport Act, 1967, in Cr.No.74 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had already obtained two passports in the year 1996 and 2002. By suppressing the same, now he again applied for a fresh passport. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. Accordingly, he prayed for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that passport has not been issued to the petitioner.

5.Considering the facts and circumstances of the case and since the passport has not been issued to the petitioner and earlier passports also suspended, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, 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 No.I, Sivagangai, 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned 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 daily at 10.30 a.m. until further orders;

(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 28/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE, KALAIYAR KOVIL POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to MR.M.DINESH Advocate SR.No.4055

ORDER

IN CRL OP(MD) No.2949 of 2019 Date :28/02/2019 AE/PN/SAR-I/08.03.2019/3P/6C