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Madras High CourtCRL OP(MD)/7838/2015ordered

A.Mohamed Ashiq v. The Inspector Of Police

2015-04-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7838 of 2015 A.MOHAMED ASHIQ ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, RAMANATHAPURAM DIST.

(CRIME NO. 17 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.NISTER HAKEEM Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 468, 471 and 420 of IPC, in Crime No.17 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The Passport Officer, Madurai had lodged a complaint alleging that the petitioner has given a false certificate to obtain Passport.

3.The learned counsel for the petitioner submitted that the petitioner earlier submitted applications to the Passport Office at Trichy in the year 1998, 2014 and finally on 2015, but they were not pursued and hence, he had filed a fresh application with the Passport Office at Madurai, after bifurcation. 4.The learned counsel further submitted that all the certificates produced by the petitioner was duly verified and the only allegation against the petitioner is that he gave false certificate with earlier applications. It is further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

5.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the investigation is almost completed and the petitioner applied for passport with false documents. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Ramanathapuram and 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 28/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,RAMANATHAPURAM. 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, RAMANATHAPURAM DIST.

+1. CC to M/S.A.NISTER HAKEEM Advocate SR.No.23229

ORDER

IN CRL OP(MD) No.7838 of 2015 Date :28/04/2015 rg.06.05.2015 2p.6c.

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