G.Geetha Vani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12254 of 2022 1 G.GEETHA VANI [ PETITIONERS / ACCUSED ] 2 T.N.VENU GOPAL Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ECONOMIC OFFENCES WING -II, ASHOK NAGAR, CHENNAI DISRICT.

CRIME NO.10 OF 2021.

For Petitioner : M/S.C.IYYAPPARAJ, Advocate for M/S.M.PERUMAL Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 408, 409, 465, 468, 471, 477A of IPC in Crime No.10 of 2021, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are arrayed as A5 & 6, who are none other than the father-in-law and mother-in-law of the first accused. According to the prosecution, the first accused was appointed as a Manager of the defacto complainant and he was entrusted with all day to day affairs of the defacto complainant. Utilising the said circumstances, A1 diverted the funds of the defacto complainant in favour of A4, 5 & 6. A4 is none other than the wife of A1 and A5 and A6 are the parents of A4. The statement given by the learned counsel for the petitioner is that

A4, A5 and A6 were borrowed loan from the defacto complainant to the tune of Rs.62,04,500/- and Rs.37,60,000/- respectively. Thereafter, they repaid the same to a tune of Rs.57,30,000/- and Rs.24,15,000/- respectively. As far as A1, A2 and A4 are concerned, they were arrested and released on bail. While granting bail to them, the Court below imposed a condition to deposit certain amount.

3. The learned counsel for the petitioner submitted that the petitioners are ready and willing to deposit a reasonable amount as fixed by this Court without prejudice to their right of defence. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4. Considering the above fact and circumstances of the case and also considering the age of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 on which the order copy made ready, before the learned Chief Metropolitan Magistrate, Egmore, on condition that the petitioners shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] The petitioners shall deposit a sum of Rs.4,00,000/- each to the credit of Crime no.10 of 2021 within a period of two weeks. (b) the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[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 petitioners 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2022 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 CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE ECONOMIC OFFENCES WING -II, ASHOK NAGAR, CHENNAI DISRICT.

+1 CC to M/S.M.PERUMAL Advocate on payment of necessary charges SR.NO. 7592 CRL OP.12254/2022 Date :19/05/2022 RW-24/05/2022