S.Shankar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.06.2021 CORAM :

THE HON'BLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.10237 of 2021 S.Shankar ... Petitioner Vs.

The State represented by The Inspector of Police, Arcot Town Police Station, Ranipet District.

(Crime No.201 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest by the Respondent in respect of Crime No.201 of 2021 pending on the file of the Respondent.

For Petitioner : Mr.V.Ajoy Khose For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 170, 409, 465, 468, 471, 420 and 109 of IPC, in Crime No.201 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had obtained a loan to the tune of Rs.10,00,000/- from the Nationalized bank by submitting forged document and get loan. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant of anticipatory bail to the petitioner. 4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

5. The learned counsel, on instructions, submits that the petitioner, without prejudice to her rights, is ready to deposit the amount of Rs.8,03,141/- to the credit of the crime number and also conceded the same to be disbursed to the defacto complainant. However, the learned counsel submitted that before disbursing the amount to the defacto complainant, an affidavit of undertaking shall be obtained from the defacto complainant stating that in the event of the petitioner succeeding the case, the amount of Rs.8,03,141/- will be returned to him.

6.Considering the fact that the petitioner is ready to deposit the amount of Rs.8,03,141/- to the credit of the crime number in two installments, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Arcot, 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.8,03,141/- (Rupees Eight Lakhs Three Thousand and One Hundred Forty One only) to the credit of Cr.No.201 of 2021 in three installments, ie., Rs.2,03,141/- shall be deposited within a period of four weeks from the date of receipt of copy of this order and the remaining balance amount of Rs.6,00,000/- out of which Rs.3,00,000/- shall be deposited within a further period of two months and the remaining balance amount of Rs.3,00,000/-, shall be deposited within a further period of two months thereafter before the learned Judicial Magistrate, Arcot, On such deposits being made, the learned Judicial Magistrate, Arcot, shall obtain an affidavit of undertaking that from the defacto complainant in relation to the cheque amount to the effect that in the event of the accused coming out successful, the defacto complainant would return the amount to the accused and, thereafter, disburse the said amount of cheque to the defacto complainant within a period of two weeks thereafter;

(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. until further orders;

(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 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/- 17/06/2021 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, ARCOT.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, RANIPET DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.V.AJOY KHOSE Advocate on payment of necessary charges CRL OP.10237/2021 Date :17/06/2021 MK:14/07/2021