Meena Anand v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.2592 of 2022 MEENA ANAND [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] CRIME BRANCH, EDF-I, WING, VEPERY, CHENNAI-600 007.

CRIME No.18 OF 2022 For Petitioner : M/S.G.VIJAY ANAND Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Pursuant to the earlier direction of this Court, it appears that the petitioner herein has participated in the enquiry. The Investigating Officer reconciling the above documents produced by the petitioner herein.

2. The submission of the learned Government Advocate (Crl.side) indicates that the petitioner is cooperating with the investigation and there is no necessity to arrest her as apprehended. Further, on perusal of the F.I.R., given by the erstwhile Director of the company as against the petitioner also indicates that mismanagement of the company has gone into loss and the defacto complainant being one of the Directors had alleged that it is all due to the misappropriation of the company funds by the petitioner herein.

3. The fact as such indicates it is a civil transaction between the Directors and if there is any criminal act made out, it is open to the petitioner to proceed with the complaint. However it is not a case where the petitioner to be arrested for investigation purpose. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Metropolitan Magistrate CCB and CBCID Cases, Egmore, Chennai on condition that the each petitioner shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned, failing which the anticipatory bail shall stand cancelled and on further condition that:

(a) 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;

(b) the petitioners shall report before the respondent police within seven days from the receipt of a copy of this order and continue to report daily at 10.30 a.m as and when required for interrogation.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/02/2022 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 METROPOLITAN MAGISTRATE, CCB AND CBCID CASES, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE CRIME BRANCH, EDF-I, WING, VEPERY, CHENNAI-600 007.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.VIJAY ANAND Advocate on payment of necessary charges CRL OP.2592/2022 Date :28/02/2022 RW 03/03/2022