Jonathan Thorn v. The Inspector Of Police

CRL OP(MD). No.9624 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.9624 of 2021 Jonathan Thorn ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Q Branch CID, Thoothukudi District.

Crime No.01 of 2021).

... Respondent/Complainant For Petitioner : M/s.S.VEERAPANDI SELVARAJ Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.01 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 11.06.2021 for the offence punishable under Sections 12(1)(a) r/w 3 of Passport Act 1967 @ under Section 12(1) (a) r/w 3 of passport Act, 1967, 14(c) r/w 13 of Foreigners Act 1946 and 5(1)(a) of Foreigners order 1948, in Crime No.01 of 2021, on the file respondent police, seeks bail.

2.The case of the prosecution is that the petitioner who is a British citizen and also possess overseas Citizenship of India (OCI), has attempted to go Srilanka illegally. Hence the complaint. 3.This Court vide order dated 20.10.2021 has directed the respondent police to collect information available from the petitioner's mobile phones and also directed to take necessary steps under Section 36(4A) of the NDPS Act before the Special Court concern and also to ensure that the petitioner does not come out on statutory bail invoking Section 167(2) of Cr.P.C. The respondent has filed a status report and whereunder it has been stated that as per the directions of this Court, the investigation agency has taken steps to cancel the bail order of the petitioner and the Court of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9624 of 2021 Special Judge for NDPS Cases at the Greater Mumbai, has passed the order dated 11.11.2021 cancelling the bail. It has been further stated that Two(2) Apple phones of the petitioners have been seized and since the petitioner has refused to give particulars about the passwords, the same was sent to the Centre for Development of Advanced Computing (CDAC), Technopark Campus, Thiruvananthapuram for digital analysis on 28.10.2021 and the report was also collected. 4.The learned Additional Public Prosecutor would further submit that since charge sheet has not been filed, the petitioner was granted statutory bail by the learned Judicial Magistrate No.I, Thoothukudi.

5.Recording the status report filed by respondent, this Criminal Original petition shall stand closed. sd/- 26/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE INSPECTOR OF POLICE, Q BRANCH CID, THOOTHUKUDI DISTRICT.

2 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL, CHENNAI.

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

ORDER

IN CRL OP(MD) No.9624 of 2021 Date :26/11/2021 SA/VR/SAR.3/07.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2