Rajakumari v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11353 of 2021 Rajakumari ... Petitioner Vs.
The State Represent by The Inspector of Police, Chengam Police Station, Thiruvannamalai District.
Crime No.460 of 2021.
... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C, prayed to enlarge the petitioner on bail in connection with the case in Cr.No.460 of 2021 pending investigation on the file of the respondent Police.
For Petitioner : Mr.E.Sathyaraj For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 4 of Exorbitant Charging Act 2003 in Cr.No.460 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant borrowed a sum of Rs.1,50,000/- from the petitioner and he give a property document for security. In the meanwhile, he again borrowed a sum of Rs.70,000/- and he could not repay the interest as well as the principal amount. When the petitioner demanded to repay the money, the defacto complainant consumed poison for committing suicide. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent persons and the petitioner has not committed any offence as alleged by the prosecution and he is falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor submits that injured person has been discharged from the hospital.
5. Considering the fact that the injured has been discharged from the hospital, 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 Judicial Magistrate, Chengam, Tiruvannamalai District 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 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, appear before the respondent police as and when required for interrogation; (c)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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 14/07/2021 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 JUDICIAL MAGISTRATE, CHENGAM, TIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 INSPECTOR OF POLICE, CHENGAM POLICE STATION, THIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges Sr.7398 CRL OP.11353/2021 Date :14/07/2021 RVR 26/07/2021