D.Willington v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.06.2021 CORAM :

THE HON'BLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.1334 of 2021 D. Willington ... Petitioner Vs.

State by The Inspector of Police, E3 Teynampet Police Station, Chennai-600 006.

(Crime No.863 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest in Crime No.863 of 2021 on the file of the respondent police. For Petitioner : Mr.C.Prakasam For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

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 offence under Sections 408, 420, 465, 468 r/w 109 of IPC in Crime No.863 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is an employee of the defacto complainant's company. The allegation is that the petitioner along with other accused conspired together and sold an export license to the tune of Rs.21,70,168/- and cheated the proprietor of the company. Hence the law enforcing agency registered a case against the petitioner 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. On instructions the learned counsel for the petitioner submitted without prejudice to his rights, is ready to deposit a sum of Rs.10,00,000/- to the credit of the crime number and also conceded the same to be disbursed to the defacto complainant. However, the learned counsel submitted that before disbursing the amount to the defacto complainant, an affidavit of undertaking shall be obtained from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.10,00,000/- will be returned to him.

4.Heard the submissions made by the learned Government Advocate (Crl.Side).

5.Considering the fact that the petitioner is ready to deposit the amount of Rs.10,00,000/- to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner. 6.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 Metropolitan Magistrate Court, No.XVIII, Saidapet, Chennai, 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.

10,00,000/- (Rupees Ten Lakhs Only) to the credit of Cr.No.863 of 2020 before the Metropolitan Magistrate Court, No.XVIII, Saidapet, Chennai within a period of six weeks from the date of receipt of a copy of this order . On such deposit being made, the learned Metropolitan Magistrate Court, No.XVIII, Saidapet, Chennai 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.10,00,000/- deposited by the petitioner to the credit of Cr.No.

863 of 2020 will be returned to the petitioner and after obtaining such affidavit of undertaking from the defacto complainant, the trial court shall disburse the said amount to the defacto complainant within a period of two weeks thereafter; (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 daily at 10.30 a.m.

(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 petitioners 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/- 17/06/2021 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 METROPOLITAN MAGISTRATE COURT NO.XVIII, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, E3,TEYNAMPET POLICE STATION, CHENNAI-600 006.

CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges CRL OP.1334/2021 Date :17/06/2021 MK:28/06/2021