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Madras High CourtCRL OP/12824/2018granted

Sangeetha, F/Aged About 26 v. State Rep By

2018-05-03Honourable Mrs Justice S. Ramathilagam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs Justice S. RAMATHILAGAM CRIMINAL ORIGINAL PETITION No.12824 of 2018 SANGEETHA, [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, VANIYAMBODI TOWN POLICE STATION, VELLORE DISTRICT.

CR.NO.67/2018 For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : MR. M.MOHAMED RIYAZ, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 465, 467, 468, 471, 420 and 109 IPC in Crime No.67 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioner/A4 conspired with other accused in committing the offence of pledging fake jewels and obtaining money.

4. The learned counsel for the petitioner submits that the petitioner is working as a House Keeping Assistance in Manapuram Gold Jewel Finance Company and is no way connected with the offence and she has been falsely implicated in this case and hence, the petitioner may be granted anticipatory bail.

5. The learned Additional Public Prosecutor submits that this petitioner conspired with the other accused in committing the offence.

6. Taking into consideration the fact that the petitioner is working as a House Keeping Assistant, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

(i) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned District Munsif cum Judicial Magistrate, Vaniyambadi, within a period of 15 days from the date of receipt of a copy of this order, on her executing 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] if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police daily twice at 10.30 a.m and 5.30 p.m., until further orders. [c] the petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) being a portion of the loan amount to the credit of concerned Magistrate Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 03/05/2018 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANIYAMBADI.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VANIYAMBODI TOWN POLICE STATION, VELLORE DISTRICT.

+1 CC to M/S.E.KANNADASAN Advocate on payment of necessary charges-Sr.8882 CRL OP.12824/2018 Date :03/05/2018 ths : 09.05.2018