Akilan @ Akildoss v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Akilan @ Akildoss ... Petitioner/Accused No.7 Vs The State rep.by The Inspector of Police, Q Branch CID, Ramanathapuram.
Crime No.1 of 2019. ... Respondent/Complainant For Petitioner : Mr.S.Ramakrishnan,Advocate for Mr.B.Jameelarasu, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.1 of 2019 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/ A7 herein was arrested and remanded to judicial custody on 07.10.2020 for the alleged offence under Sections 120 (b), 420,465,468 and 471 of IPC and 3,12,(1A)(a), 12(2) of Passport Act.
2. The case of the prosecution is that the petitioner along with other accused persons said to have created fake passport in the name of Sundarrajan with the help of A2. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that this petitioner has been implicated only confession given by the co-accused. He would also submit that the petitioner is in jail for more than 50 days, hence he may be granted bail.
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4.The learned Government Advocate(Crl.Side) would submit that there are totally nine accused in this case and the petitioner herein is arrayed as A7. The petitioner along with other accused persons said to have created fake passport in the name of Sundarrajan with the help of A2. He would also submit that coaccused in this case was granted bail.
5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate No.2, Ramanathapuram i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) after producing sureties the respondent police is directed to hand over the petitioner before the Special Camp (Srilankan Refugee Camp) at Trichy iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial.
v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 01/12/2020 / TRUE COPY / / /2020 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.
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TO 1.THE JUDICIAL MAGISTRATE No.2, RAMANATHAPURAM.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3.THE INSPECTOR OF POLICE, Q BRANCH CID, RAMANATHAPURAM.
4.THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, SPECIAL CAMP(SRILANKAN REFUGEE CAMP) TRICHY.
ORDER
IN CRL OP(MD) No.13409 of 2020 Date :01/12/2020 AAV TK/PN/SAR.2/01.12.2020/3P/7C 3/3