Anis Fathima v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.12163 of 2017 ANIS FATHIMA ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI, CR NO. 584/2017. RESPONDENT / COMPLAINANT For Petitioner : M/S.C.RAMACHANDRAN Advocate For Respondent : MR.K.ANBARASAN, Government 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 465, 468, 471 of I.P.C., and Section 12(1)(B) of Passport Act, in Crime No.584 of 2017 on the file of the respondent Police, seeks anticipatory bail. 2.

The case of the prosecution is that the passport officer lodged a complaint before the respondent police stating that the petitioner was issued passport from 17.12.2004 and valid upto 14.12.2014. Thereafter, the petitioner applied for renewal of passport on 14.10.2016. After verifying, it was found that the HSC certificate submitted during obtaining passport was a forged one. 3.The learned counsel for the petitioner submitted that the petitioner did not commit any offence and the petitioner approached a agency for getting passport and the said agency obtained her signature in various application and proceeded to obtain passport. The said agency had submitted such bogus HSC certificate and she is unaware of the same. The petitioner further submitted that the earlier anticipatory bail in Crl.O.P.(MD)No.

11376 of 2017 was dismissed by this Court on 31.08.2017.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police on instructions would submit that the passport of the petitioner is expired and now the petitioner is not having the valid passport and the investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/

5.Having regard to the nature of allegation levelled against the petitioner and considering the submissions made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.V, Madurai, on condition that the petitioner shall execute 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 respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent Police as and when required for the purpose of investigation. (ii)the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail; (v) on breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.

sd/- 03/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ta/vsa TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE,THIDEER NAGAR POLICE STATION, MADURAI.

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

+1. CC to M/S.C.RAMACHANDRAN Advocate SR.No.32049 GJM/RR/BS/SAR-2-6.10.17-2P-6C

ORDER

IN CRL OP(MD) No.12163 of 2017 Date :03/10/2017 https://hcservices.ecourts.gov.in/hcservices/