S.Saravanan v. The State Repb By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.460 of 2022 AND CRL.MP.NO.871 of 2022 S.SARAVANAN [ PETITIONER / ACCUSED ] Vs 1 THE STATE REPB BY [ RESPONDENT/DEFACTO COMPLAINANT ] THE INSPECTOR OF POLICE, SPECIAL INVESTIGATION CELL -II, DIRECTORATE OF VIGILANCE AND ANTI - CORRUPTION, MKN ROAD, ALANDUR, CHENNAI - 600 016.

(CR.N.22/2021) 2 THE SRO, NEELANKARAI.

( R2 SUO MOTU IMPLEADED AS PER ORDER IN CRL OP.460/2022, DATED.28/01/2022) For Petitioner : MR.N.R.ELANGO Senior Counsel For M/S. D.SAI KUMARAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) For 1st RESPONDENT MR.R.P.MURUGAN RAJA, Govt. Advocate ( Crl. Side) FOR 2nd RESPONDENT For Intervenor : MR.R.JOHN SATHYAN Advocate

PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 120-B, 166, 167, 420, 465, 466, 467, 468, 471, 472, 474 of IPC and Sections 7 and 12 of The Prevention of Corruption (Amendment) Act, 2018 in Crime No.22 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. From the records, it appears that the petitioner herein is a power agent which is alleged to be created by forgery and misappropriation. Now it is reported that the said Power of Attorney has been cancelled and the proceedings of the Sub-Registrar, Neelangarai, has been produced before this Court.

3. In the light of the above fact, this court is of the view that the anticipatory bail petition filed by the petitioner may be entertained with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Special Court for the Cases under Prevention of Corruption Act, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only),with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;

(c) the petitioner shall report before the Investigation Officer as and when required for interrogation;

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

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

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

Consequently, the connected miscellaneous petition is closed. -sd/- 03/03/2022 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 SPECIAL COURT FOR THE CASES UNDER PREVENTION OF CORRUPTION ACT, CHENNAI.

2 THE INSPECTOR OF POLICE, SPECIAL INVESTIGATION CELL -II, DIRECTORATE OF VIGILANCE AND ANTI - CORRUPTION, MKN ROAD, ALANDUR, CHENNAI - 600 016.

3 THE SUB REGISTRAR, SUB REGISTRAR OFFICE, NEELANKARAI, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. D.SAI KUMARAN Advocate on payment of necessary charges CRL OP.460/2022 AND CRL.MP.871/2022 Date :03/03/2022 CSK 10/03/2022