Maharajothi v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.05.2021 CORAM :

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8504 of 2021 Maharajothi ... Petitioner Vs.

State rep. by its The Inspector of Police, Rasipuram Police Station, Namakkal District.

(Crime No.412 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.412 of 2021 pending on the file of the respondent. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) Heard the learned counsel on either side.

2. The petitioner is in custody since 28.03.2021 for the offence under Sections 406, 420, 170, 260, 468, 471 r/w 511 of IPC in Crime No.412 of 2021. He seeks bail.

3. The case of the prosecution is that the petitioner had fabricated a bogus appointment order and had demanded a sum of Rs.1,50,000/- from the de facto complainant. It is not the case of the prosecution that the money actually changed hands. The petitioner is a woman and she is having a young child to take care.

4. Considering the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate, Rasipuram, and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

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

5. With the above directions, this Criminal Original Petition is ordered.

-sd/- 05/05/2021 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 JUDICIAL MAGISTRATE, RASIPURAM

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, RASIPURAM POLICE STATION, NAMAKKAL DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, SPECIALPRISON FOR WOMEN, SALEM CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges sr.5773 CRL OP.8504/2021 Date :05/05/2021 RVR 06/05/2021