Mubarak Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9864 of 2015 MUBARAK ALI ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE DCB, RAMANATHAPURAM, RAMANATHAPURAM DT, CRIME NO.44/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MURUGAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused in Crime No.44 of 2014 apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 468, 471 and 420 of IPC on the file of the respondent Police and hence, seeks anticipatory bail.

2.According to the Passport Officer, in order to obtain passport, the petitioner / accused had produced a bogus birth certificate.

3.The learned counsel appearing for the petitioner submitted that the birth certificate of the petitioner was issued on 28.07.1989 and at that time, the petitioner was only 6 years old and the parents of the petitioner are illiterate and hence, the petitioner is not aware how the said certificate was obtained. He further submitted that the petitioner has not committed any offence and he is an innocent.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the petitioner does not have any bad antecedent and he produced bogus birth certificate to obtain passport.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruvadanai, and on 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 on further condition that the petitioner shall appear before the respondent police daily at 10 am, until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 5.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/- 04/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE THIRUVADANAI.

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 DCB, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT. +1. CC to M/S.R.MURUGAN Advocate SR.No.27803

ORDER

IN CRL OP(MD) No.9864 of 2015 Date :04/06/2015 rg.08.06.2015 2p.6c.

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