Raju vs Inspector Of Police

M.Dhandapani, J

The petitioner / 6th accused, who was arrested and remanded to judicial custody on 14.12.2023 for the alleged offence punishable under Sections 120(b), 420 465, 467, 468, 471, 109, 170 of I.P.C., r/w 12(1A)(a), 12(1)(b) altered into 12(2) of Passport Act, 1967 r/w Section 14 C Foreigners Act, 1946 and Sections 66 C, 66D of Information Technology Act in Crime No.1 of 2024, on the file of the respondent Police, seeks bail.

The case of the prosecution is that the petitioner along with other accused persons had created forged passports and obtained 48 fake passports with fake ID proofs. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would further submit that the petitioner is arrayed as Accused No.6 in this case. He would also submit that the petitioner is running a browsing centre and on his browsing centre, other accused only applied for passport through online as per documents filed by the clients and except this, there is no other part on his side. Accordingly, he prays for bail.

The learned Additional Public Prosecutor appearing for the respondent Police would submit that all the accused persons conspired together and obtained 48 fake passports with fake ID proofs and they gained unlawfully by creating fake ID proofs such as fake Aadhar Cards, fake School Certificates and other relevant documents for forging unauthorized passport to Srilankan Nationals under Asylum.

He would further submit that the petitioner is running a browsing centre and he helped the other accused and applied 48 passports in his browsing centre through online with fake ID proofs. He would further submit that the Writer of the Sethubhavachatram Police Station, Thanjavur District, viz., Sesha was without any permission of his superiors, has engaged the accused Balasingam in the said Police Station for the process of passport enquiry and hence, the above said Sesha is arrayed as Accused. He would further submit that the said Writer is being made to arrest. Therefore, he vehemently opposed for grant of bail to the petitioner.

Today, Mr.K.Shivashankar, DSP, Q Branch CID, Thanjavur is present before this Court.

Considering the facts and circumstances of the case and considering the fact that the petitioner is running a Browsing Centre and also considering the fact that the other accused persons only applied the passports with fake ID Proofs and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

7 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 Magistrate, Pattukottai, Kumbakonam District 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 is directed to appear before the respondent police daily at 10.30 A.M., until further orders;

(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.