Maheswari v. Inspector Of Police

Crl.O.P.No.4705 of 2024 T.V.THAMILSELVI, J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, and 506(i) of IPC in Crime No.1807 of 2013, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had introduced one Roopa @ Samundeeswari who was running the business of selling lorry spare parts, to the several persons and asked financial help from them, promising to return the money with huge profitable amount. Thus they collected huge amount from several persons and in spite of the repeated demands, they have not returned the money. She also threatened the victims with A3 and A4. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any such offence as alleged by the prosecution. Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the total cheated amount comes to the tune of Rs.1,36,36,800/- which have been collected from seven victims. They are affected by this petitioner and other coaccused. In fact, the balance amount of Rs.23000/- to be repaid to the defacto complainant. He further submitted that the petitioner is appearing for enquiry. However, he opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances of the case and the there is no previous case pending against the petitioner and that the petitioner is appearing for enquiry, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.1, Poonamallee, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, one among the surety shall be a blood relative of the accused, 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 conditions 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 petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.1807 of 2013, within a period of two weeks from the date on which the order copy made ready;

[c] the petitioner shall report before the respondent police every Wednesday for a period of four months and thereafter 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the

T.V.THAMILSELVI, J.

gv 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;

For reporting compliance, post the matter on 04.06.2024. gv 08.04.2024 Crl.OP.No.4705 of 2024