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Madras High CourtCRL OP/1332/2021granted

Suraj Bai v. State Rep.By Its

2021-02-11Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2021

CORAM

THE HONOURABLE Mr. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1332 of 2021 Suraj Bai

...Petitioner

Vs State rep. by its Inspector of Police Central Crime Branch EDF Team III, Team-20 Vepery, Chennai.

Cr.No.678 of 2017

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of arrest in Crime No.678 of 2017 pending investigation on the file of the respondent police.

For Petitioner : Mr.R.Ganesh Kumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 406 and 420 of IPC in Crime No.678 of 2017 on the file of the respondent police, seeks anticipatory bail.

2. There are totally six accused in this case. The petitioner is A6. The allegation is that A1 and A2 were running finance company and collected amounts from various innocent public and cheated them to the tune of Rs.27,50,000/-. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. He would submit that the petitioner is the mother of A1, who is aged about 93 years and she has nothing to do with the alleged offence. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the main accused cheated the general public to the tune of Rs.27,50,000/-. He would submit that the petitioner is the mother of the first accused and that A1 and A3 have already been arrested and released on bail. He would submit that investigation in this case in over and hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsels and also the fact that the investigation is over and also considering the age of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: a) 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, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] 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. [c] the petitioner shall report before the respondent police 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 11/02/2021 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, ALANDUR 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, CENTRAL CRIME BRANCH EDF TEAM III, TEAM-20 VEPERY, CHENNAI.

CC to M/S. R.GANESH KUMAR Advocate on payment of necessary charges SR.1611 CRL OP.1332/2021 Date :11/02/2021 RVR 19/02/2021