Shabna Akmal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5766 of 2022 SHABNA AKMAL [ PETITIONER / ACCUSED ] Vs STATE REP. BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE CCB-1 POLICE STATION, CHENNAI CCB, CHENNAI.

CRIME NO.204 OF 2021.

For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) 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 offence punishable under Sections 465, 467, 468 and 471 of IPC in Crime No.204 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein apprehending arrest on the complaint given by one Jagadish Bhatt is before this court. The complaint against the petitioner is that the property of one Manjula Bhatt and Praveena Bhatt at Seethammal Colony, Mylapore Taluk, Chennai, is occupied by the Directors of the M/s.Eartheque Exquisite Elements and M/s.Urban Code Architectural Works Private Limited by creating the fake power of attorney deed.

3. The petitioner herein who is the Director of the said Company during the year 2018 is before this court.

4. This Court on considering the averments made in the petition and in the FIR is of the opinion that the custodial interrogation of the petitioner is not required provided she cooperates with the investigation.

5. Heard both sides.

6. Taking note of the above facts, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Chief Metropolitan Magistrate, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (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 Investigation Officer daily at 10.30 a.m., until further orders ;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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]; and

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

-sd/- 14/03/2022 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 CHIEF METROPOLITAN MAGISTRATE, EGMORE.

2 THE INSPECTOR OF POLICE CCB-1 POLICE STATION, CHENNAI CCB, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.3872 CRL OP.5766/2022 Date :14/03/2022 JPA 23/03/2022