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S. M. SUBRAMANIAM, V. SIVAGNANAM
Letchumanan Mary Franciska – Appellant
Versus
Union of India, Represented by The Inspector of Police, Chennai – Respondent
JUDGMENT :
[Judgment was delivered by S.M.SUBRAMANIAM, J.]
The criminal appeal on hand has been instituted to assail the order dated 15.12.2023 in Crl.M.P.No.2361 of 2023 in Spl.S.C.No.1 of 2022 in R.C.No.02/2022/NIA/DIL.
2. The allegations set out against the appellant are that she came to India on 16.12.2019 using her Sri Lankan Passport N8308158 (valid only till 10.05.2019 to 10.05.2029) with Indian Electronic Tourist Visa 9028AD7BJ, which was valid only till 02.12.2020. Since the Tourist Visa got expired, she intended to obtain Indian Passport by fraudulent means and she stayed at D.No.32, Block 166, 2nd Shakthi Colony, 4th Avenue, Anna Nagar, Chennai and using the rent lease agreement with the house owner, Sri Jaykumar, she obtained other Indian identity documents in a fraudulent manner. Further, she obtained Gas/LPG connection after which she opened bank accounts in IOB, Kilpauk Branch and also in various other Banks. Later she obtained Aadhar Card bearing No.4931 2179 9448 from UIDAI. Further, she also obtained Indian Pan Card bearing No.BFLPL 34901J on 09.10.2020 through NDSL in fraudulent manner and created false Indian Voter identity card bearing No.RAZ2456734. With these do
The court ruled that serious allegations of fraud and potential prejudice to the trial justified the dismissal of the bail application.
In criminal trials, identification of an accused through aliases introduced long after investigation, without a Test Identification Parade or corroborative evidence, is insufficient to support a conv....
The dropping of charges under the Unlawful Activities (Prevention) Act against the appellant and the principles of speedy trial and personal liberty were central legal points established in the judgm....
Anticipatory bail may be granted where the prosecution fails to demonstrate the necessity for custodial interrogation or present sufficient evidence of ongoing criminal activity.
The main legal point established is that the necessity of custodial interrogation and the presence of evidence linking foreign travel to illegal activities are crucial factors in determining the gran....
The right to renew a passport and travel abroad is protected under Article 21, requiring judicial discretion to be applied, ensuring it is not curtailed arbitrarily while considering ongoing criminal....
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