Madras High CourtCRL OP/1820/2021granted

Harini Kiruthika v. State Rep By,

2021-02-19Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.1820 of 2021 Harini Kiruthika .. Petitioner Vs.

The State represented by .. Respondent Inspector of Police, All Women Police Station, Dharmapuri.

(Crime No.9 of 2020) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.9 of 2020 pending trial on the file of the respondent.

For Petitioners: Mr.C.Prabakaran For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner is A2. Apprehending arrest at the hands of the respondent police for the alleged offence under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 420 and 506(i) of IPC, in Crime No.9 of 2020 on the file of the respondent police, the petitioner seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the manager of Muthoot Finance Limited, Dharmapuri. The main allegation is that A1 in this case developed intimacy with a minor girl and also received jewels and through another person pledged the jewels in the petitioner finance company and A1 cheated the defacto complainant. Hence, the respondent police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner did not indulged in any offence. He said that as the jewels were pledged in the petitioner company, the petitioner was arrayed as an accused. He further submitted that the

entire jewels were handed over by the petitioner company to the police. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that A1 was arrested and on his confession the entire jewels were recovered from the company.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions :

(a) Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Mahila Court, Dharmapuri, on condition that the petitioner shall execute a separate 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 appear 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 petitioners 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]. (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/- 19/02/2021 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 MAHILA COURT, DHARMAPURI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DHARMAPURI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges SR NO. 2064 CRL OP.1820/2021 Date :19/02/2021 MN-01/03/2021