S.Gunasekaran v. 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.9034 of 2021 S.Gunasekararn ... Petitioner Vs.
State Rep. by The Inspector of Police, Ranipet Police Station, Vellore District.
(Crime No.222 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.222 of 2020 pending on the file of the respondent.
For Petitioner : Mr.E.Kannadasan For Respondent : Mr. T. Shunmugarajeswaran Government Advocate
O R D E R
(The case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406, 420, 468, 471 of I.P.C in Cr.No.222 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is alleged to have received money from the defacto complainant by making false promise that he will secure job for him.
3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. The learned counsel, on instructions, would further submit that the petitioner, to show his bonafide, is ready to deposit a sum of Rs.2 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 petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Ranipet, on condition that the petitioner shall 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 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 petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the credit of Crime No.222 of 2020 before the learned District Munsif cum Judicial Magistrate, Ranipet, within a period of four weeks from the date of receipt of a copy of this order.
(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 respondent police daily at 10.30 a.m. for a period of two weeks 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 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]; 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 DISTRICT MUNSIF CUM JUDICIALMAGISTRATE,RANIPET, 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, RANIPET POLICE STATION, VELLORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.E.KANNADASAN Advocate on payment of necessary charges Sr.6174 CRL OP.9034/2021 Date :12/05/2021 RVR 15/06/2021