Jay Mandal vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 04.11.2022 for the offences under Section 420, 468, 471 of I.P.C. and Sec.12(1)(b), 12(1-A) (a) of Passport Act, 1967 r/w 14(B) of Foreigners Act, 1946, in Cr.No.24 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner belongs to Bangaladeshi National and he came to India 20 years ago, and running a clinic for treatment of fistula. While he applied for visa to his wife, the office of Bureau of Immigration sent a communication to the respondent for verification of documents, which reveals that he is Bangladeshi national and even his father immigrated to Calcutta without getting proper visa and he is now residing at Uthukottai and doing some medical practice. Hence, the complaint.

The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and the respondent police registered a false case against him. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 37 days from 04.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that the petitioner by producing some forged certificate, has obtained Indian passport and running a clinic for treatment of fistula at Uthukkottai. He would submit that there is no previous case pending against the petitioner. He would submit that the investigation is almost completed. He would further submit that if he is released on bail, he would hamper the investigation and tamper the witnesses.

On considering the fact that the petitioner was charged with for the offence of forging documents, however, he has not committed any offene of I.P.C. and considering the fact that the investigation almost completed and\ also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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 Magistrat, Uthukottai, and on further conditions that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall stay at Refugee camp at Trichy till the completion of trial.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.