R.Anusha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15395 of 2021 R. Anusha W/o Sivakumar ... Petitioner/Accused Vs.

The Inspector of Police, Central Crime Branch, Chennai (Crime No.143 of 2015) ... Respondent/Complainant Prayer: Criminal Original Petition has been filed under Sections 439(1)(b) of the Code of Criminal Procedure, to modify the condition No.1 i.e "the petitioner is directed to deposit a sum of Rs.5,00,000/- into the account of Judicial Magistrate No.1, Alandur ( in Cr.No.143 of 2015 of CCB, Chennai" and condition No.4 i.e " After the release, the petitioner is directed to report before the respondent police daily at 10:30 a.m until further orders" passed by the Learned Principal Sessions Judge of Kanchipuram District at Chengalpet Crl.M.P.No. 4011 of 2021 dated 12.08.2021 and pass orders.

For Petitioner : Mr.L. Jai Venkatesh For Respondent : Mr.A. Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition No.1 i.e "the petitioner is directed to deposit a sum of Rs.5,00,000/- into the account of Judicial Magistrate No.1, Alandur ( in Cr.No.143 of 2015 of CCB, Chennai" and condition No.4 i.e " After the release, the petitioner is directed to report before the respondent police daily at 10:30 a.m until further orders" passed by the Learned Principal Sessions Judge of Kanchipuram District at Chengalpet Crl.M.P.No. 4011 of 2021 dated 12.08.2021

2. The case of the petitioner is that the petitioner has moved an anticipatory bail before this Court in Crl.O.P.No.24990 of 2019, wherein this Court had directed to deposit a sum of

Rs.5,00,000/-. It is further case of the petitioner that the petitioner when moved a bail application before the learned Principal Sessions Judge, Kanchipuram at Chengalpet the learned Judge in Crl.M.P.No.4011 of 2021 granted bail with a condition to deposit a sum of Rs.5,00,000/- into the account of the Judicial Magistrate No.1, Alandur in Cr.No.143 of 2015 of CCB

3. The learned counsel for the petitioner submits that due to the poor financial condition the petitioner is not able to deposit the conditional amount as imposed by this Court. He further submits that the petitioner is a school teacher in Coimbatore, she is not able to appear before the respondent police at Chennai. Hence he seeks to modify the condition as the petitioner is directed to appear before All Women Police Station Coimbatore.

4. Heard both sides.

5. It is seen from records that the petitioner colluded with other accused and cheated a sum of Rs.65,00,000/- from the defacto complainant on the pretext that a individual house will be constructed to the defacto complainant. Considering the fact that the huge amount involved in this case, the amount imposed by this Court in depositing Rs.5,00,000/- is just and reasonable and no interference is required.

6. In view of the above, this Court modifies the condition imposed on the petitioner by the Court below in Crl.M.P.No.4011 of 2021 dated 12.08.2021 is modified to the effect that the petitioner shall appear before All Women Police Station, Coimbatore. The other conditions imposed by the Court below shall remains intact.

7. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar smn

To

1. The Judicial Magistrate No.1, Alandur

2. Do Through The Principal Sessions Judge, Kanchipuram at Chengalpet

3. The Inspector of Police, Central Crime Branch, Chennai

4. The All Women Police Station, Coimbatore.

5. The Public Prosecutor, Madras High Court.

+1CC to Mr.J.Jaivenkatesh, Advocate, Sr.No.43232 Crl.O.P.No.15395 of 2021 SR (CO) K.RK. (27.09.2021)