Ranjidha v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 408, 471 and 477A IPC in Crime No.7 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was the deputy registrar of Saravana Bhava cooperative society, where the petitioner worked as a pharmacist. It is alleged that the petitioner herein has misappropriated to the tune of Rs.8,95,618,80/-. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that she is only a temporary staff in the said cooperative society and there are two other staffs, who are appointed to collect money from the customers. He would further submit the petitioner is an innocent person and she has been falsely implicated in this case. However, on instructions, he would furthermore submit that the petitioner is ready to
deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the credit of crime No.7 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the total cheated amount to the tune of Rs.8,95,618,80/- and hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the credit of crime No.7 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate-I, Cuddalore on condition that the petitioner
shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related 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 petitioner and the blood related 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.
[b] the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the credit of crime No.7 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.
[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police daily at 10.30 a.m. and 5.30 p.m for a period of four weeks until further
orders.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioner shall not abscond either during investigation or trial.
[g] 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
05.07.2022 Anu
G.K.ILANTHIRAIYAN, J.
Anu 05.07.2022