M.Arundhathi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.13413 of 2022 Arundhathi .. Petitioner Vs.
State rep.by The Inspector of Police, (Crimes) T-12, Poonamallee Police Station, Chennai - 56.
(Crime No.122 of 2022) .. Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.122 of 2022 on the file of Inspector of Police (Crimes), T-12, Poonamallee Police Station, Chennai.
For Petitioner : Mr.N. Kumanan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) ********
ORDER
The petitioner, who was arrested on 21.03.2022 for the alleged offence under Sections 468, 409 & 420 IPC in Crime No.122 of 2022, on the file of the respondent police, seeks bail.
2. The earlier bail petition was dismissed by this Court on 26.04.2022 on the ground that the investigation is at the nascent stage and the disputed documents are to be sent to the handwriting experts for the opinion. The petitioner has revived his bail request on the ground that though 90 days had lapsed, till date the investigation is not completed and final report not yet filed. 3.
Learned Government Advocate (Crl.Side) for the respondent admits that investigation is yet to be completed.
4.
Recording the same, this Court is inclined to grant bail to the petitioner under Section 167(2) of Cr.P.C., with certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a)the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Poonamallee.
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to report before the Investigating Officer as and when required;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Judicial 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];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 20/06/2022 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 JUDICIAL MAGISTRATE-II, POONAMALLEE.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, (CRIMES) T-12 POONAMALLEE POLICE STATION, CHENNAI - 56.
4 THE SUPERINTENDENT, CENTRAL PRISON,WOMEN WING, PUZHAL, CHENNAI-66.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S N.KUMANAN Advocate on payment of necessary charges SR.No.9582 CRL OP.13413/2022 Date :20/06/2022 CSK 20/06/2022