Madras High CourtCRL OP(MD)/21105/2021dismissed

Fakrudeen v. The Inspector Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRL OP(MD)No.21105 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD)No.21105 of 2021 Fakrudeen ... Petitioner/Accused Rank Not Known Vs 1.The State rep.by The Inspector of Police, Indira Gandhi International Police Station, South West Delhi.

(Crime No.338 of 2021).

2.The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.

... Respondents/Complainant For Petitioner : Mr.JINNAH.S.M.A., Advocate. For Respondent 2 : Mr.SS.MADHAVAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 338 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 420, 468 and 471 IPC., in Crime No. 338 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.12.2021, one Manikandan, son of Selvam, who is residing at 05/43, Papakudi Karur Post, Avudayarkovil, Taluk, Pudukkottai, Tamil Nadu - 622 204, holding Passport No.S1547947, arrived from Muscat (Oman) by flight No.A1-974 as a deportee. The said Manikandan deported to Oman by AIR India Flight No.A1-973 on 02.12.2021. During the process of deportee clearance and scrutiny of his travel documents and deportation papers, it has been observed that at the time of immigration process at Muscat (Oman), the immigration Officer at Muscat Airport has found his Oman Entry Visa No.655980/03, dated 21.09.2021 is fake. It is submitted that the said Manikandan has said to be obtained the fake Oman Entry Visa with the help of an Indian Origin agent, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.21105 of 2021 namely, R.K.Travels & Consultant having office at Kallakkudi Thoppu, Near Vasantam Mahal-Nagudi. Thus, he cheated the immigration by using fake entry visa to travel Oman on 02.12.2021. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that due to previous enmity, the co-accused, namely one Razak, who is doing agent business at Manalmaykudi, Pudukkottai District gave a frivolous confession statement against the petitioner. 4.The learned Government Advocate (Criminal Side) would submit that the petitioner is involved in a serious offence and in this regard already an FIR has been registered and investigation is going on. Hence, he opposed to grant anticipatory bail to the petitioner. 5.Considering the gravity of the offence alleged by the prosecution, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time. Hence, this Criminal Original Petition is dismissed.

sd/- 29/12/2021 / TRUE COPY / / /2022 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.

TO 1.THE INSPECTOR OF POLICE, INDIRA GANDHI INTERNATIONAL POLICE STATION, SOUTH WEST DELHI.

2.THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.21105 of 2021 Date :29/12/2021 das SA/JC/SAR.2/04.01.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2