Madras High CourtCRL OP/1978/2022granted

Kavitha v. The Inspector Of Police,

2022-02-03Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1978 of 2022 Kavitha ... Petitioner Vs.

State by, The Inspector of Police, 4VRV+4JR, Chinna Ekkadu, Jaya Nagar, Thiruvallur, Tamil Nadu 602 001.

(Crime No.50 of 2021) ...Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail, in the event of his arrest by the respondent police in the case pending investigation in Crime No.50 of 2021, on the file of the respondent police. For Petitioners : M/s.Yamini Jai Divya A For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor For Intervener : Mr.Elamuruga

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 420, 406, 417 and 34 of the Indian Penal Code, 1860, in Crime No.50 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners induced the defacto complainant and collected a sum of Rs. 84,65,000/- from the defacto complainant that he will get Medical Seats in Saveetha College for his son and for his son's friend. Thereby, he provided fake confirmation letter and cheated the money. Hence, the defacto complainant lodged a complaint before the Law Enforcing Agency. 3.The learned counsel appearing for the petitioner submits that she has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.8,00,000/- in Crime Number. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits that Investigation almost completed and further submits that some of the accused are still absconding. Hence, the complaint.

5. Considering the facts and circumstances of the case, this Court inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned JM-I, Tiruvallur 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 shall deposit a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) to the credit of Crime No.50 of 2021 within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier before the learned JM-I, Tiruvallur. On such deposit being made, the learned Magistrate, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.8,00,000/- deposited by the petitioner to the credit of Crime No.50 of 2021 will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter failing which, the anticipatory bail petition shall stands dismissed. (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 respondent police on every Tuesday at 10.30.am., until further orders. (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.

-sd/- 03/02/2022 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, TIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, 4VRV+4JR CHINNA EKKADU, JAYA NAGAR, THIRUVALLUR, TAMIL NADU - 602 001, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.YAMINI JAI DIVYA A Advocate on payment of necessary charges Sr.1936 CC to M/S.G.ILAMURUGU Advocate on payment of necessary charges Sr.1899 CRL OP.1978/2022 Date :03/02/2022 RVR 11/02/2022