D. Nagarani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K. KUMARESH BABU D.Nagarani ...petitioner Vs.

State represented by The Sub Inspector of Police, Central Crime Branch, EDF-I, Team -II, Vepery, Chennai 7.

(Crime No.249 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.249 of 2022 on the file of the respondent Police.

For petitioner : Mr.S.C.Vishwanth For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.04.2024 for the offences registered by the respondent Police 1/6

punishable under Sections 465, 468, 471 and 420 of IPC, in Crime No.249 of 2022 on the file of the respondent, seeks bail. 2.It is submitted that the petitioner was earlier granted with Anticipatory Bail in Crl.O.P.No.32168 of 2022, imposing a condition to deposit a sum of Rs.5,00,000/- to the credit of the Crime No.249 of 2022. It is stated by the prosecution that the petitioner had only deposited a sum of Rs.4,90,000/- and there was a short fall of Rs.10,000/-, due to which, the Anticipatory Bail granted to the petitioner was cancelled on 23.11.2023.

3. The learned counsel for the petitioner submitted that since there was certain negotiation going on between the parties, the petitioner thought that such negotiation would end in positivity. Therefore, she has not deposited the remaining amount. Thereafter, the negotiation failed and the petitioner had been remanded to judicial custody. Now, the petitioner is ready and willing to deposit the remaining amount to the credit of the said crime number.

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4. Considering the facts and circumstances of the case and the petitioner is ready and willing to deposit the remaining amount, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioner is directed to deposit the balance amount of Rs.10,000/- to the credit of the Crime No.249 of 2022. On such deposit and on production of proof, the petitioner is ordered to be released on bail on further condition to 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 learned Metropolitan Magistrate for Exclusive Trial of CCB cases, (relating to cheating cases in Chennai) and CBCID Metro cases, Egmore, Chennai and on further conditions that:

[a] 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.

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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[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 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.

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To 1.The Metropolitan Magistrate for Exclusive Trial of CCB cases, (relating to cheating cases in Chennai) and CBCID Metro cases, Egmore, Chennai

2. The Central Prison for Women, Puzhal.

3. The Sub Inspector of Police, Central Crime Branch, EDF-I, Team -II, Vepery, Chennai 7.

4.The Public Prosecutor, High Court of Madras. 5/6

K. KUMARESH BABU.

J.

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