Shanthi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Eighth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.4504 of 2021 SHANTHI [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU [ RESPONDENT ] REPRESENTED BY INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-1, VEPERY, CHENNAI-600 007 CRIME NO.151 OF 2020 For Petitioner : M/S.K.ASHOK KUMAR Advocate For Respondent : MR.K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 120B, 420, 465, 467, 468, 471 of IPC in Cr.No.151 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused person obtained a loan from the bank to the tune of Rs.2,81,80,039/- by pledging the forged document. Hence, a complaint was made against them. Therefore, the petitioner filed the present petition.
3.The learned counsel appearing for the petitioner on instructions submitted that the petitioner is ready to deposit a sum of Rs.1,00,00,000/- within a period of eight weeks. 4.The learned Additional Public Prosecutor submitted that the petitioner is a first accused. Therefore, he opposed for grant of anticipatory bail to the petitioner.
5.Considering the fact that the petitioner is ready to deposit a sum of Rs.1,00,00,000/-, to the credit of Cr.No.151 of 2020, 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 learned CCB Special Metropolitan Magistrate Court, Egmore, 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.1,00,00,000/- to the credit of Cr.No.151 of 2020, within a period of eight weeks from the date of receipt of a copy of this order. Thereafter, the said amount shall be transferred to the defacto complainant Bank within a period of four weeks.
(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., for fifteen days and thereafter, every Monday at 10.30 a.m., 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/- 08/04/2021 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 CCB SPECIAL METROPOLITAN MAGISTRATE COURT, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-1, VEPERY, CHENNAI-600 007.
+1CC to M/S.K.ASHOK KUMAR Advocate on payment of necessary charges SR NO.4695 CRL OP.4504/2021 Date :08/04/2021 MK:23/04/2021