Selvi @ Kalaiselvi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8163 of 2022 1 SELVI @ KALAISELVI [ PETITIONERS / ACCUSED ] 2 PRAKASH Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, CRIME BRANCH, K-5, PERAVALLUR POLICE STATION, CHENNAI DISTRICT.

(CRIME NO. 224/2019) For Petitioner : M/S. A.VIJAYASANKAR 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 petitioners, who apprehend arrest for the alleged offence under Sections 406, 420, 294(b) and 506(2) of I.P.C., in Crime No.224 of 2019, seek anticipatory bail.

2. The allegation against the petitioners are that, the defacto complainant subscribes chit with the petitioner herein but he has not paid. The chit amount of Rs.8,00,000/- was cheated by her. This incident as alleged to have been occurred in the year 2013. The complaint is of the year 2019. Considering the said fact, this Court is inclined to grant anticipatory to the petitioners.

3. Accordingly, the petitioners are ordered to be released on anticipatory 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 Judicial Magistrate-V, Egmore, Chennai, on condition that the petitioners shall execute a bond for a

sum of Rs.50,000/- (Rupees Fifty Thousand only), each 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 and on further condition that: (a)the petitioners 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 daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

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

(d)the petitioners 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 anticipatory 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/- 07/04/2022 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 JUDICIAL MAGISTRATE-V, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, CRIME BRANCH, K-5,PERAVALLUR POLICE STATION, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. A.VIJAYASANKAR Advocate on payment of necessary charges SR.No.5478 CRL OP.8163/2022 Date :07/04/2022 CSK 12/04/2022