← Library
Madras High CourtCRL OP(MD)/13894/2024allowed

Vasanthi v. The Deputy Superintendent Of Police

2024-08-23Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.13894 of 2024 Vasanthi, ... Petitioner/Accused No.16 Vs The Deputy Superintendent Of, Police, Q Branch CID, Thanjavur.

Cr.No.1 of 2024.

... Respondent/Complainant For Petitioner : M/s. Vimalraj.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 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/A16, who was arrested and remanded to judicial custody on 01.07.2024 for the offences punishable under Sections 120(B), 420, 465, 467, 468, 471,

109 and 170 of IPC and 14C and Section 12(1)(b), 12(1A) & 12(2) of Passport Act and 14C of Foreigners Act and Section 66(c), 66(D) of IT 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 and other accused conspired together and obtained 48 fake passports by creating fake ID proofs. Hence, the complaint.

3.Heard both sides.

4.Considering the role played by the petitioner that she is said to have played part in issuing passports to the Sri Lankan nationals and also considering the facts that she is in custody from 01.07.2024 and that this case requires further investigation and that there is no scope for immediate completion of the investigation or completion of the trial, this Court is inclined to grant bail to the petitioner on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Judicial Magistrate, Pattukkottai, Thanjavur District. (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)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PATTUKKOTTAI, THANJAVUR DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3.THE DEPUTY SUPERINTENDENT OF POLICE, Q BRANCH CID, THANJAVUR.

4 THE SUPERINTENDENT, CENTRAL PRISON FOR, WOMEN, TRICHY.

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

ORDER

IN CRL OP(MD) No.13894 of 2024 Date :23/08/2024 MGJ(23.08.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023