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Madras High CourtCRL OP(MD)/4751/2017ordered

Dharmaraja, v. The Inspector Of Police,

2017-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4751 of 2017 DHARMARAJA ... PETITIONER/A-1 Vs STATE THROUGH THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI.

CRIME NO.2 OF 2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ARAVIND RAJ Advocate For Respondent : MRS.S.PRABHA, 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 No.1 in Crime No.2 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 468, 471, 120(b) of IPC and Section 12(1) (b) of the Passport Act,1967 and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the petitioner created a forged school certificate with the help of other accused and presented the same before the Passport Office at Coimbatore for obtaining Passport.

4.It is represented by the learned counsel for the petitioner that while the petitioner approached the School Administration for obtaining the school certificate, the Head Master of the School seek some time to search for the certificate, as the certificate is of the year 1960. Hence, the petitioner, entrusted the third accused for obtaining the school certificate at Madurai on recommendation made by the second accused, who is the Panchayat President of Thirunagar, Madurai. On believing the second and third accused, the petitioner submitted the school certificate to the passport authority. The petitioner has not forged any certificate. https://hcservices.ecourts.gov.in/hcservices/

5.The learned Government Advocate(Crl. Side) on instructions would submit that A3 in this case was already granted anticipatory bail by this Court in Crl.O.P.(MD)No.2067 of 2017, on 06.03.2017. 6.The learned counsel appearing for the petitioner states that the petitioner is innocent and he has nothing to do with the alleged occurrence.

7.Considering the facts and circumstances of the case and also considering the fact that the co-accused was granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 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.I, Madurai 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 on further condition that the petitioner shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

The respondent police is directed to complete the investigation and file charge sheet at earliest, preferably, within a period of two months from the date of receipt of a copy of this order. 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/- 20/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ARAVIND RAJ Advocate SR.No.20639

ORDER

IN RJ2 CRL OP(MD) No.4751 of 2017 CSL/BS/SAR-II/25.04.2017 : 2P/6C Date :20/04/2017 https://hcservices.ecourts.gov.in/hcservices/