Mohamed Aslam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Mohamed Aslam ... Petitioner/Accused No.4 Vs The Inspector of Police, Q Branch Cid Police Station, Sivagangai.

(Crime No.1/2024.) ... Respondent/Complainant For Petitioner :

M/s.Christopher.C, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who was arrested on 02.05.2024 for the alleged offence under Sections 465, 468, 471, 420, 212, 109 and 120 B and Sections 14A, 14B, 14C of 1/5

Foreigners Act, in Crime No.1 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner/A4 is said to have assisted A1 and A2 to get a bogus immigration certificate for A2. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is a Srilankan and he has nothing to do with the offence. He has visited India thrice on a valid passport issued by the Srilankan Government that too on tourist visa. He further submits that when the petitioner came up for medical check up, the respondent police has arrested him on 02.05.2024 and foisted this case. He further submits that no materials have been recovered from this petitioner that he has prepared bogus immigration certificate.

4.The learned Additional Public Prosecutor strongly opposes for grant of bail to the petitioner that the investigation in this case is yet to be completed.

5. Considering the facts and circumstances of this case, considering the period of incarceration and the allegation as against this petitioner and the fact that the respondent police has not recovered any materials that this petitioner has prepared a bogus immigration certificate, this Court is inclined to grant bail to the petitioner with some conditions.

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6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Devakottai. ii) The sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii)The petitioner shall surrender his original passport before the learned Judicial Magistrate, Devakottai to the credit of Crime No.1 of 2024.

iv) The petitioner shall stay at Special Camp, Trichy and report before the "Q Branch CID, Trichy" daily at 10.30 a.m. The petitioner shall not move from the Special Camp without the permission of the respondent police. He has to co-operate for interrogation. v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

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vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 14/06/2024 / TRUE COPY / 14/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate, Devakottai.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Q Branch CID Police Station, Sivagangai.

4.The Superintendent, Central Prison, Puzhal, Chennai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

1.The Officer Incharge, Special Camp, Trichy.

2.The Inspector of Police, Q Branch CID, Trichy.

+1 CC to M/s.C.CHRISTOPHER, Advocate ( SR-6505[I] dated 14/06/2024 )

ORDER

IN CRL OP(MD) No.8555 of 2024 Date :14/06/2024 ED/ /SAR- (14/06/2024) 5P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5