Arockiyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Arockiyasamy, ... Petitioner/Accused Vs The Inspector of Police, Airport Police Station Tiruchirappalli District.
Crime No.124/2024..
... Respondent/Complainant For Petitioner : M/s.Vijaya Akilan.P, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PRAYER :-For Bail in Crime No.124/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.124 of 2024 for the offence under Sections 467, 468, 471 I.P.C and Section 12(1) (b) of the Passport Act, 1967 and remanded him into judicial custody on 16.05.2024. Therefore, the petitioner has filed this petition seeking bail. 1/5
2. The case of the prosecution is that on verification of the passport of the petitioner, it was found that he was the hold of Indian Passport and having validity from 05.03.2019 to 04.02.2029 and many travel immigration seals were fakely imprinted on the passport of the petitioner with the help of travel agent. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. The petitioner has handed over his passport to Malaysia agent for renewal and he did not know about the entry. However, he is languishing in Jail from 16.05.2024.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is pending. The petitioner to get permanent citizenship in Abroad, the entries have been made in the passport.
5. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner. 2/5
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing 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 Judicial Magistrate No.VI, Trichirappalli.
ii) The petitioner and 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 appear before the respondent police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. She shall be available for the trial as well.
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v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. (vi)The petitioner is directed to furnish the name and details of Malaysian Agent.
sd/- 03/07/2024 / TRUE COPY / 03/07/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHIRAPPALLI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI.
3 THE INSPECTOR OF POLICE AIRPORT POLICE STATION TIRUCHIRAPPALLI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.VIJAYA AKILAN, Advocate ( SR-7271[I] dated 03/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.9339 of 2024 Date :03/07/2024 SS/SAR- /03/07/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5