Chandra Rajamanickam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.860 of 2021 CHANDRA RAJAMANICKAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUCHENGODU TOWN POLICE STATION, NAMAKKAL.
CRIME NO.1683/2020 For Petitioner : M/S A.SATHASIVAM Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehends at the hands of the respondent police for the alleged offence under Sections 420 and 511 of IPC in Crime No.1683 of 2020, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is arrayed as A1. It is alleged that on 05.12.2020, at about 9.00 p.m., the petitioner is said to have put up the banner with Prime Minister Photo and advertising that Veda Self-help group will provide loan upto 2 crores and tried to deceive money from the innocent people. Hence, the present complaint.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and that she has not committed any
offence as alleged by the prosecution. It is further submitted that she has been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was said to have put up the banner with Prime Minister Photo and advertised that Veda Self-help group will provide loan upto Rs.2 crore and she tried to cheat the innocent people. He further submitted that there is no bad antecedents against the petitioner.
5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that there is no bad antecedents against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruchengode, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall report 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.
-sd/- 19/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENGODE.
2 THE CHIEF JUDICIAL MAGISTRATE, NAMKKAL [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, TIRUCHENGODU TOWN POLICE STATION, NAMAKKAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S A.SATHASIVAM Advocate on payment of necessary charges SR.NO. 5061 CRL OP.860/2021 Date :19/04/2021 MN-10/05/2021