Elangovan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/12/2022 PRESENT The Hon`ble Ms.Justice R.N.MANJULA Elangovan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Airport Police Station, Trichy District.
Crime No.898 of 2022.
... Respondent/Complainant For Petitioner : M/s.Atham Ali S, Advocate.
For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.898 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/sole accused who was arrested and remanded to judicial custody on 03.12.2022 for the offence punishable under Sections 467,468,471 of IPC r/w.12(1)(b) Passport Act in Crime No.898 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner obtained passport fraudulently in the name of Murugesan initially and subsequently renewed and presently holding the current passport in the name of Murugesan and he was caught by Immigration Officer and on the basis of the report given by the Immigration Officer, the present case came to be registered.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 03.12.2022, hence he seeks bail.
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4.The learned Additional Public Prosecutor appearing for the respondent would submit that petitioner obtained passport fraudulently in the name of Murugesan initially and subsequently renewed and presently holding the current passport in the name of Murugesan and he was caught by Immigration Officer. Hence he opposed to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner. 5.Heard. Perused the materials available on record including the First Information Report.
6.Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration the period of incarceration and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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.VI, Trichy and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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];
(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 28/12/2022 / TRUE COPY / 28/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, AIRPORT POLICE STATION, TRICHY DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.ATHAM ALI, Advocate ( SR-15616[I] dated 28/12/2022 )
ORDER
IN CRL OP(MD) No.23232 of 2022 Date :28/12/2022 RS/MMS/SAR.(28.12.2022) 3P-7C 3/3