Deepa Venkataramanan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10605 of 2021 Deepa Venkataramanan ... Petitioner Vs.

State Rep by ... Respondent North Zone, CBCID, Kancheepuram (Cr.No.3 of 2021) PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail in the event of her arrest in Crime No.3 of 2021 on the file of the respondent police.

For Petitioner : M/s Gupta and Ravi For Respondent : Mr.C.E. Pratap Government Advocate (Crl.Side)

ORDER

(This 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 354, 363, 366, 109 of I.P.C and Section 4 of TNPHW Act, 2002 in Crime No.3 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is a old student of Sushil Hari International School, Kelambakkam. The allegation is that the accused Siva Shankar Baba took the victim to a loungue and touched her sexually. The petitioner who is working as English teacher in the said school assisted the accused to commit the crime. Hence, the law enforcing agency registered the case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner is a post graduate and she is working as English teacher in the said school and the main overtact is against A1/Siva Shankar Baba. He further 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 for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the petitioner who is working as English teacher in the said school assisted the accused to commit the crime. He further submits that the main accused A1/Siva Shankar Baba has already been arrested and investigation is not yet completed. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the records including the statements u/s 164 of Cr.P.c. On a perusal of the said statements it is clear that there is no direct allegation against this petitioner. 6.Considering the facts of the case and on perusal of 164 statements there is no direct allegation against this petitioner and the main accused A1/Siva Shankar Baba has already been arrested, 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 fifteen days from the date of receipt of a copy of this order, before the learned Special Court For CB-CID Cases, Egmore 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 Special Court for CBCID Cases. Egmore and on further condition that:

(a) 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; (b) 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. © the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 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;

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

-sd/- 05/07/2021 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 SPECIAL COURT FOR CB-CID CASES, EGMORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE NORTH ZONE, CBCID, KANCHEEPURAM.

+1 CC to M/S. GUPTA AND RAVI Advocate on payment of necessary charges SR.NO.7099 CRL OP.10605/2021 Date :05/07/2021 TA-30/07/2021