APPLICATION UNDER SECTION 167 (2) (A) (Ii) OF THE CODE OF CRIMINAL PROCEDURE

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IN THE COURT OF THE HON’BLE JUDICIAL

MAGISTRATE 1 AT BANGALORE.
CRIME NO. 420/2019

COMPLAINANT : THE STATE BY ERODE NORTH P.S

VS.

ACCUSED : STEVEN FRANK, (A1)


S/O GABRIEL,
OKOLO,
DOOR NO 115,
OSEMUDI AMEN STREET,
EDO STATE, NIGERIA,

COLLIN ANDY, (A2)


S/O UGCHUKWU
DOOR NO, 24, IPAV STREET,
OWERRO,
IMO STATE, NIGERIA.

APPLICATION UNDER SECTION 167 (2) (a) (ii) OF


THE CODE OF CRIMINAL PROCEDURE

The above named accused humbly submits as follows:-

1. That the Complainant police, have registered the case against

the accused in Crime No. 420/2019, dated _______.2019 for the

offences punishable Under Sections – 419,420,468,471, R/w

34 of IPC, U/s 51 R/w 31(a), Under Section 3(1) a, b of

foreigners order act and Under Section 14 (A) & (B) of

Foreigners act.
2. The accused submit that the he have not committed any

offence alleged in the complaint and FIR, he is innocent of

alleged offences punishable Under Sections –

419,420,468,471, R/w 34 of IPC, U/s 51 R/w 31(a), Under

Section 3(1) a, b of foreigners order act and Under Section 14

(A) & (B) of Foreigners act..

3. The accused submit that the Respondent police have falsely

implicated them though they have not committed any offence.

4. The accused submit that he is innocent of the alleged offence

and he has got valid and tenable defense.

5. The accused submit that he hails from a very respectable

family and his family has got deep roots in the society.

6. The accused further submit that the complainant Police have

registered above case on 13/07/2019 and produced before this

Hon’ble court on 14/07/2019, this Hon’ble court was pleased

to remanded the above accused to and he is in custody since then.

7. The accused further submit that the complainant police been


reluctant to conduct investigation and submit its report in time, They
have not filed the charge sheet before this Hon’ble Court even after the
completion of statutory time period of 60 days as in
July 14th to 31st 18 days,
August 31 days,
September 11 Days
Total 60
as all the offences alleged in the FIR is punishable less than 10
years hence the Statutory period of filing the charge sheet are
60 on the ground of default the accused is entitled for bail.
8. The accused further submit that the alleged offence is not

punishable either by death or by imprisonment for life.

9. The accused further submit that he is ready and willing to

abide by all such terms, conditions and directions as imposed

by Hon’ble High Court and may be imposed by this Hon’ble

Court, while considering the Bail Application.

10. The accused further submit that he will not abscond, or he

will not flee from justice, he undertakes to appear before the

Hon’ble court in future dates without fail.

11. The accused further submit that there is no single documents

to show these petitioners have committed the offences alleged

in the complaint and FIR.

12. The accused further submit that he is ready and willing to

provide the cash surety for the satisfaction of this Hon’ble

Court and for ensuring his regular appearance before this

Hon’ble Court.

13. There are no reasonable grounds to believe that the

Petitioners are the guilty of the alleged offences.

14. The accused further submit that the accused is the peace

loving and law abiding citizen and has got no antecedents.

PRAYER:

WHEREFORE, The above named accused prays that this Hon’ble


court may be pleased to enlarge the above named petitioners on

bail in Crime No. 420/2019 Registered by the respondent Police

(Erode North PS) for the offences punishable Under Sections –

419,420,468,471, R/w 34 of IPC, U/s 51 R/w 31(a), Under

Section 3(1) a, b of foreigners order act and Under Section 14 (A)

& (B) of Foreigners act., in the interest of justice and equity.


Erode.
Date: 10-09-2019 Advocate for Accused No-1 & 2

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