Devi v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.05.2021 CORAM :

THE HON'BLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.8497 of 2021

1. Devi ... Petitioners

2. Santhosh Kumar Vs.

State Rep. by ... Respondent The Inspector of Police, Ice House Police Station, Mylapore, Chennai.

(Crime No.228 of 2021) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in Crime No.228 of 2021 pending investigation on the file of the respondent police.

For Petitioners : Mr.R.Thirumoorthy For Respondent : Mr. T. Shunmugarajeswaran Government Advocate

ORDER

(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 406, 420 of I.P.C in Cr.No.228 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are alleged to have run chit company and collected a sum of Rs.11 Lakhs from the defacto complainant.

3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. The learned counsel, on instructions, would further submit that the petitioners, are ready to deposit the entire amount of Rs.11 Lakhs to the credit of crime number. 4.Heard the submissions made by the learned Government Advocate.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned II Metropolitan Magistrate Court at Egmore on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners shall deposit the entire amount of Rs.11,00,000/- (Rupees Eleven Lakhs Only) to the credit of Crime No.

228 of 2021 on the file of the respondent police within a period of two weeks from the date of receipt of a copy of this order.

(c)the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

(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 petitioner 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/- 12/05/2021 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 METROPOLITAN MAGISTRATE, NO.II, EGMORE.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ICE HOUSE POLICE STATION, MYLAPORE, CHENNAI.

CC to M/S.R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.8497/2021 Date :12/05/2021 TA-02/07/2021