Praveena v. The Sub Inspector Of Police

CRL OP(MD). No.14776 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14776 of 2022 Praveena ... Petitioner/Sole Accused Vs The State Rep. By, The Sub Inspector of Police, Airport, Trichy City, Trichy District (Crime No. 648 of 2022).

... Respondent/Complainant For Petitioner : M/s.Anto Prince.G, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 648 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 02.08.2022 for the alleged offence under Sections 467, 468, 471 IPC and Section 12(1)(b) of Passport Act and Section 14 of the Foreigners Act, in Crime No.648 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is being a Srilankan citizen, by suppressing the real fact, obtained false and fabricated Aadhar Card, thereby, obtained Passport. On 01.08.2022, she approached departure counter No.07, seeking immigration clearance to Colombo by flight. During the scrutiny of her travel documents and interaction, it was found that the petitioner fraudulently suppressed her actual Srilankan Identity and obtained Passport. Hence, this case has been registered, based on the complaint given by the Assistant Immigration Officer, Trichy Airport.

3.The learned counsel for the petitioner submitted that due to ethnic situation in Srilanka, the petitioner's family came to India as refugees, at her age 3. Up to 2005, the petitioner and her family stayed at Thuraiyur Camp, after that the petitioner's family left for Srilanka. Since the petitioner married an Indian citizen, she stayed in India. Now, she is trying to get Indian citizenship. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14776 of 2022 The petitioner has not committed any offence as alleged by the prosecution. Hence, prays for bail.

4.The learned Additional Public Prosecutor submitted that the petitioner fraudulently suppressed her actual Srilankan identify and obtained Passport.

5.Whatever it may be, from the age of three years the petitioner is residing in India and after marrying an Indian citizen, now she is taking steps to obtain Indian citizenship. Hence, in the light of the above facts and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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.VI, Trichy, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 23/08/2022 / TRUE COPY / 23/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE SUPERINTENDENT, PUZHAL CENTRAL PRISON, CHENNAI.

4. THE SUB INSPECTOR OF POLICE, AIRPORT, TRICHY CITY, TRICHY DISTRICT.

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

+2 CC to M/s.G.ANTO PRINCE, Advocate ( SR-8825[I] dated 23/08/2022 ) ORDER IN CRL OP(MD) No.14776 of 2022 Date :23/08/2022 pnm USK/PN/SAR-III/23.08.2022/2P/8C https://www.mhc.tn.gov.in/judis 2/2