Shanmugam v. State Rep By Sub- Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.02.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1034 of 2022 Shanmugam ... Petitioner
Versus
State Rep by The Sub-Inspector of Police, District Crime Branch, Ariyalur Police Station, Ariyalur (Crime No.1 of 2020) ... Respondent Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.1 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor Order The petitioner, who apprehends arrest for the alleged offences under Sections 417, 420, 465, 468 and 506(i) of IPC in Cr.No.1 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other accused persons have collected a sum of Rs.15,00,000/- from the defacto complainant and her relatives for securing job in foreign countries, but, they have neither sent them abroad nor returned the money. When the same was questioned by the defacto complainant, the petitioner along with other accused persons abused her. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that he has no way connected with alleged occurrence and he has been falsely implicated in this case. However, the learned counsel, on instructions, further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.3,00,000/- to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor submits that this is the case of job racketing. It is alleged that the petitioner along with other accused persons have collected a sum of Rs.15,00,000/- from the defacto complainant for securing job in foreign countries, but, they have neither sent them abroad nor returned the money. He further submitted that the charge sheet has been filed. Hence, he vehemently opposed for granting anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and that the petitioner on her own volition, is ready to deposit an amount of Rs.3,00,000/- to the credit of the Crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of Crime No.1 of 2020, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Ariyalur 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 is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of Crime No.1 of 2020 before the concerned Magistrate within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and the defacto complainant is permitted to withdraw the said deposit amount of Rs.3,00,000/- on proper identification and acknowledgment;
(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 is directed to appear before the trial Court regularly on every hearing dates;
(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 anticipatory 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.
-sd/- 01/02/2022 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 JUDICIAL MAGISTRATE NO.I, ARIYALUR.
2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR [FOR INFORMATION] 3 THE SUB- INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, ARIYALUR POLICE STATION, ARIYALUR 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to D.PADMANABHAN Advocate on payment of necessary charges SR.NO.1826 CRL OP.1034/2022 Date :01/02/2022 MK:04/02/2022